The
assessee, Lifestyle and Media Holdings Limited, a holding company
incorporated to invest in and oversee subsidiaries operating in the non-news
lifestyle media segment, had claimed deduction of routine administrative and
statutory expenses incurred during the relevant assessment years. The Assessing
Officer disallowed the expenditure on the ground that no active business
operations were carried out and further denied set-off of the resultant
business loss against income from other sources.
The
Commissioner of Income Tax (Appeals) affirmed the disallowance, holding that
mere holding of investments did not amount to carrying on business within the
meaning of Section 2(13) of the Income Tax Act, 1961, and consequently,
expenses under Section 37(1) were not allowable.
On
appeal, the Delhi Bench of the Income Tax Appellate Tribunal examined
the memorandum of association and factual matrix and observed that the
principal object of the assessee was to act as a holding company by making
strategic investments in subsidiary companies engaged in lifestyle media
operations. The Tribunal held that such investment activity, undertaken to
exercise control and further business objectives, itself constitutes a business
activity.
Relying
upon the decision of the coordinate bench in NDTV Networks Ltd. [2025]
173 taxmann.com 269 (Delhi) and the Mumbai ITAT ruling in Tata Sons Ltd.,
the Tribunal reiterated the settled principle that earning of income is not a
pre-condition for allowability of business expenditure. Once a business is set
up and expenses are incurred in furtherance of the stated objects, such
expenditure cannot be disallowed merely because no operational revenue has
arisen.
Accordingly,
the Tribunal allowed the deduction of business expenditure claimed by the
assessee and further directed that the resulting business loss be set off
against income from other heads in accordance with Section 71 of the Act.
The
appeals for all the relevant assessment years were allowed in favour of the
assessee.
Source Link- https://itat.gov.in/public/files/upload/1767171072-yn3Gw6-1-TO.pdf
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