Case Law Details
Case Name : M/s. Rohit Ferro Tech Limited Vs DCIT (ITAT Kolkata)
Related Assessment Year : 2007-08
Courts :
All ITAT ITAT Kolkata
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The present appeal filed by the assessee challenging the order passed by CIT(A) confirming the disallowance made u/s 35D in respect of expenditure incurred related to issue of shares and computation of book profit u/s 115JB.
In respect of first ground, the assessee has incurred Rs.1,98,36,310/- in relation to raising of capital by public issue for setting up of new unit at Jajpur, Orrisa and claimed 1/5th of said expenditure of Rs.39,67,262/- during the year. The A.O. taking the view expressed by Hon’ble Supreme Court in case of Punjab State Industrial Corporation Ltd. –vs- CIT 225 ITR 792...
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Hi, Section 35D specifically provides list of expense allowable. Moreover these expense should be incurred before commencement or after commencement in connection with the extension of his undertaking or in connection with his setting up a new unit.
In view of this, Stamp duty and ROC fees for new shares not covered in 35D. It will be treated as capital expense.
my question is :
will stamp duty paid on issue of new shares be included under expense allowed under above Sction 35D