2010 (12) TMI 871

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....Vineet Krishan ORDER PER SUSHMA CHOWLA, J.M, : The appeal by the Revenue is against the order of the Commissioner of Income -tax (A) - II, Ludhiana dated 16.3.2010 relating to assessment year 2006-07 against the order passed under section 143(3) of the Income-tax Act . 2. The only Ground of appeal raised by the Revenue is as under : - "That the Ld. CIT(A)- II has erred in law and on....

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....re by the assessee. The said expenditure was claimed over the period of five years. The Assessing Officer rejecting the explanation of the assessee observed that since the expenditure did not pertain to the year under consideration, the said expenditure was not allowable as a deduction. The Commissioner of Income-tax (A) allowed the claim of the assessee following the principle of consistency wher....

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....said deferred revenue expenditure. Similar claim of deferred revenue expenditur was made in the assessment years 2004-05 and 2005-06, which were allowed to the assessee vide assessment orders passed under section 143 (3) of the Act. We are in conformity with the observations of the Commissioner of Income-tax (A) in this regard which are as under : - "3. I have carefully considered the contentio....

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....ed in the assessment year 2004-05 and 2005-06 respectively. However in the case of the appellant similar stand has been accepted in the assessment year 2004-05 and 2005-06. Assessments for these assessment years have been completed under section 143 (3) of the Act and yet similar claim has been accepted. That coupled with the ratio of decision of the Hon'ble Delhi High Court in the case of CIT Vs ....