2014 (3) TMI 248

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.... Rao, Judicial Member: This appeal is filed by the assessee having been aggrieved by the order of the Commissioner of Income-tax (Appeals) dt.28.1.2011 passed in the case of the assessee for the Assessment Year 2007-08. 2. The sole issue raised by the assessee in this appeal is against disallowance of Rs.22,74,180 being the amount paid by the assessee to the DFO as per the direction of the Hon'b....

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....assessee contending that the assessee has acquired an enduring benefit for paying this amount and therefore, it has to be capitalized and it is not at all revenue expenditure. 5. The learned AR of the assessee has placed before the Tribunal, a copy of the order of the CIT(A),Bhubaneswar dt.21.7.2010 in I.T.A.No.0268/2009-10 in the case of Orissa Mining Corporation Ltd, wherein similar such issue ....

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....as. Therefore, the learned AR of the assessee contended that the amount in question paid is allowable being revenue in nature. 6. Contrary to this, the learned DR supported the impugned orders of the authorities below. However, he did not dispute the fact that the factual matrix in the case of Orissa Mining Corporation Ltd as decided by the CIT(A),Bhubaneswar dt.21.7.2010 (supra) are similar with....