ROC Expenses while inhance the Share capital


This query is : Resolved 

07 August 2010 we have increase the share capital of company & paid some ROC Exp. Please let me advice that these exp are revenue nature or capital.

How can we treat this exp. while booking the expenses


Rajesh (Expert)
07 August 2010 you can book this exp as per sec 35 D

Ankur Garg (Expert)
07 August 2010 Fees paid to the RoC for increase in authorised capital is a capital expenditure not deductible u/s 37(1) but deductible u/s 35D.

Citation:-

1. Punjab State Industrial Development Corporation Ltd 225 ITR 792 (Sc).

2. Mohan Meakin Breweries Ltd 117 ITR 501 (HP)- says that Fees paid for increase of authorised capital is an inadmissable expenses.


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