Shriram Capital Limited, Chennai vs Assessee on 25 June, 2015
The stand taken by the assessee that the impugned expenditure is
revenue expenditure placing reliance on High Court of Punjab &
Haryana in the case of CIT vs. Groz Asia Ltd. reported in 214 Taxman
205 is not acceptable to the CIT(A) as the decision rendered by the
Punjab & Haryana High court was on the different set of facts and the
issue was not under consideration of sec.32(1)(ii) and Explanation 3 of
the IT Act. The issue under consideration is whether right of access is
a intangible asset and whether such right was acquired by the
assessee for use of 10 years for a specified consideration in view of
the specific provision in the law u/s 32(1)(ii) and Explanation 3 of the
IT Act. In view of the specific facts the case, the CIT(A) observed that
the nature of expenditure of C.58 crores incurred by the assessee is a
50 ITA Nos.512 & 513/Mds/2015
capital expenditure. Since the entire claim of expenditure is treated as
incurred towards acquiring intangible asset and nature of expenditure
is treated as capital expenditure, he observed that the question of
disallowing the same u/s 40(a)(ia) does not arise in this case.