2010 (3) TMI 471

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....ered by M. M. Kumar J.- The instant petition filed by the Revenue under section 260A of the Income-tax Act, 1961, is directed against the order dated December 10, 2008, passed by the Income-tax Appellate Tribunal, Delhi Bench "D", Delhi (for brevity "the Tribunal") in I. T. A. No. 1295(Del) of 2007 in respect of the assessment year 2003-04. 2. The Revenue has claimed the following three ques....

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.... the order of the learned Commissioner of Income-tax (Appeals) in deleting the addition of Rs. 12,86,353 made by the Assessing Officer on account of late deposit of the employer's contribution to PF and administration charges of Rs. 52,584 and Rs. 240 as inspection charges without appreciating the fact that payments were not made by the assessee within the prescribed 'due dates' by which the asses....

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....of a judgment of the hon'ble Supreme Court rendered in CIT v. Alom Extrusions Ltd. [2009] 319 ITR 306 (SC). Accordingly, questions Nos. 1 and 2 are decided against the Revenue and in favour of the assessee-respondent. 4. However, in respect of question No. 3, she has submitted that the expenditure incurred in connection with load extension and purchase of distribution panel should be regarded a....

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....nal has held that no asset of enduring nature had come into existence by incurring such expenditure. It has further been reiterated that the expenditure was incurred in the ordinary course of business. Accordingly, the view of the Commissioner of Income-tax (Appeals) was upheld. 5. Having heard the learned counsel, we are of the considered view that the question whether expenditure is of capita....