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5. Even if, as contended by AO, advance given is taken as in the capital field, write off of advance is allowable as business expenditure u/s.37(1). It has been held by Hon. Delhi High Court in case of CIT VS New Delhi Hotels Ltd (Dated: March 22, 2012), reported at 2012- TIOL- 227-HC-DEL-IT, that loss arising from payment made for purchase of property but not refunded is allowable u/s.37 of the Act. Appellants beg to rely upon decision in case of New Delhi Hotels (Supra).