ROC expense for enhancement of share capital not allowable

Moldtek Packaging Ltd. Vs ACIT (ITAT Hyderabad)

Conclusion: AO was justified in treating the payment to ROC for increase in capital as capital expenditure as ROC expenses was fees for enhancement of capital.

Held: In the instant case, assessee had claimed ROC expenses in the profit and loss account u/s. 35D of Rs.58,500. However, AO disallowed the same. It was held that the issue had rightly been decided by CIT(A) on relying on the judgment of Hon’ble Supreme Court in the case of Br

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