2016 (10) TMI 168

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.... 1. This Appeal under Section 260A of the Incometax Act, 1961 (the Act) challenges the order passed by the Income Tax Appellate Tribunal (ITAT) dated 28 June 2013 for the Assessment Year 2006-07. 2. The Revenue urges the following question of law for our consideration : (A) Whether, on the facts and circumstances of the case and in law, the Incometax Appellate Tribunal was right in se....

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....fficer under Section 143(3) of the Act. 4. The Commissioner of Income Tax (CIT), however, was of the view that the order allowing an expenditure of Rs. 2.35 crores under Section 37(1) of the Act by Assessment Order dated 31 December 2008 was erroneous and prejudicial to the interest of the Revenue. Consequently, by an order dated 28 March 2011, the CIT exercised his powers of Revision under Sec....

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....neous and prejudicial to the interest of the Revenue. The decision of the Tribunal in Mahindra & Mahindra (supra) taking a different view itself establishes the issue at the very least is debatable. 6. We are of the view that the impugned order of the Tribunal has followed its order in Mahindra & Mahindra (supra) which on merits held that the claim as made by the Respondent is allowable. Theref....