TaxTMI 
TaxTMI 
2011 (1) TMI 1242
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....006-07. ITA No. 519/Mds/2010 is an appeal filed by the assessee against the order of the learned CIT(A), LTU in FBT No. 02/08- 09/LTU(A) dated 12-02-2010 for the assessment year 2006-07. 2. Shri R. Vijayaraghavan, Advocate represented on behalf of the assessee and Shri P.B. Sekaran, learned CIT-DR represented on behalf of the Revenue. 3. ITA 518/Mds/2010: In the assessee's appeal in regard to grounds No. 2 to 5 it was submitted by the learned authorised representative that the issue was against the action of the learned CIT(A) in confirming the disallowance of the expenses of Rs. 19,61,421/- incurred on the interior decoration, extension and renovation of various buildings taken by the assessee on lease. The learned authorised represe....
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....nditure. 4. In reply, the learned DR vehemently supported the order of the learned CIT(A). It was the submission that in view of the provisions of section 32(1) and the Explanation 1 thereto, the expenditure as incurred by the assessee was liable to be held as a capital expenditure on which depreciation had also been allowed by the Assessing Officer. 5. We have considered the rival submissions. A perusal of the break up of the expenses which have been disallowed clearly shows that the expenditures are on the interior decorations and creation of the office atmosphere. The expenditure has not resulted in any building coming into existence nor has the existing building been modified or the structure altered. As the existing building has ....
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....pecial Bench of the I.T.A.T. in the case of Daga Capital Management (P) Ltd. in ITA No. 8057/Mumbai/3 dated 20.10.2008 and had directed that Rule 8D was to be applied. However, he fairly agreed that no ground has been raised in regard to the enhancement by the learned CIT(A) without giving a show cause notice. It was further fairly agreed by both sides that the issue in regard to the disallowance by applying the provisions of sec. 14A could be restored to the file of the Assessing Officer for re-adjudication after considering the decision of the Hon'ble Bombay High Court in the case of Godrej & BVoyce Mfg. Co. Ltd. v. DCIT in IT Appeal No. 626 of 2010 & Writ Petn. No. 758 of 2010 dated 12-08-2010. 7. We have considered the rival submissi....
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.... was no more good law in view of the decision of the Hon'ble Supreme Court in the case of Apollo Tyres Ltd. v. CIT reported in 255 ITR 273 as also the decision of the Delhi High Court in the case of CIT v. Khaitan Chemicals And Fertilizers Ltd. reported in 307 ITR 150. It was the submission that the learned CIT(A) had considered these two decisions while granting the relief to the assessee. 11. We have considered the rival submissions. A perusal of the decision in the case of Sree Rajendra Mills Ltd. shows that the said decision was rendered in 1998 much before the decision of the Hon'ble Supreme Court in the case of Apollo Tyres Ltd., referred to supra. After the decision of the Hon'ble Supreme Court in the case of Apollo Tyres Ltd. the....