paid to the
Registrar of Companies towards ROC fee. The expenses were
incurred for enhancement of authorized capital of the assessee-
company. The said amount ... paid towards ROC
fees was debited to the Profit & Loss a/c and claimed as Revenue
expenditure. Referring to the Apex Court decision rendered
filing the return were
offered to be added back. Accordingly, the ROC fee of Rs.7,51,850/-
and interest expenditure ... penalty u/s 271(1)(c) as imposed on account of ROC fee has
claimed for increasing authorised capital was deleted relying on the
following
M/S. V R Rsources Pvt. Ltd.,, Raipur (Cg) vs Cit,, Raipur (Cg) on 19
account of
ROC charges were made. In an appeal filed by the assessee, disallowance of ROC fee
was deleted by the CIT(Appeals
similarly incurred earlier. Both these amounts represent ROC fees
paid to increase authorized capital. The assessee's case was that
its identical claims
seen there from that the amount paid towards stamp fee and
ROC fee for increasing the authorized capital is only
pocket expenses have been incurred by the
assessee like ROC fees, professional fees etc which were reimbursable from the
client. The assessee firm was engaged
find that the assessee incurred certain expenses by way of filing fees to
ROC to increase authorized capital and in our opinion the issue ... expenditure incurred in the present case also paid towards
filing fees ROC and therefore, is of capital in nature, thus, we are of the
view
basis that the
expenditure incurred for raising the capital by payment to ROC is
Capital in nature and also ignoring the judicial precedent cited ... adjudicating the Ground No.3
of alternate prayer for allowance ROC fees paid under section 35D .
The same is prayed to your honor
Donation 43,706
Gratuity 14,96,551
Roc fees 2,07,118 2,60,15,664
4,86,24,250
Less: Depreciation as per rules
