2015 (3) TMI 272

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.... is justified in holding the expenditure of Rs. 6,43,47,284/incurred for production of T. V. films and commercials as revenue in nature, without appreciating the fact that the advertisement films are assets which are owned by the assessee and are reusable over an indefinite period of time?" 3 The Tribunal by the impugned order dated 5th October, 2011 dismissed the Revenue's appeal on the ground that the issue arising in the present case is covered against the Revenue by the decision of this Court in CIT v/s. Geoffrey Manners and Co. Ltd. 315 ITR 134. We find that even for the earlier Assessment Years 199798, 200203 and 200304, the appeal of the Revenue on an identical issue from the orders of the Tribunal were dismissed by this Court....

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....Court has been accepted by the Revenue and yet the Revenue chooses to file an appeal on the same issue before this Court. Rule of law implies certainty of law and the State filing appeals on settled issues arbitrarily and/or without any application of mind. This filing of appeal without due application of mind leads to attempting to unsettle settled position without reasons. This casual manner of filing appeals subjects an assessee to unnecessary expenditure and at times anxiety. Even the Revenue incurs substantial expenses in pursuing unwarranted cases, which are a sheer waste of public money. The least that the Revenue should do is to examine whether or not the decision of the jurisdictional High Court being relied upon by the Tribunal, i....