2015 (9) TMI 1479

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....ppellant :- SC,A.N.Mahajan,R.K. Upadhyaya For the Respondent :- R.S.Agrawal JUDGEMENT We have heard, Sri Manu Ghildyal, learned counsel for the appellants and Sri Rupesh Jain along with Sri R.S. Agrawal, learned counsel for the assessee. The appeal was admitted on the following substantial questions of law: "1. Whether on the facts and circumstances of the case, the Tribunal w....

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.... the facts and circumstances of the case, the Tribunal was right in law in treating various capital expenses as revenue expenses? 6. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing deduction for loss on goods in transit being additional ground taken by the assessee in appellate proceedings whereas the claim for deduction is in respect o....

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.... Since no distinguishing features have been pointed out and the principle of consistency is required to be maintained inter se between the parties, we are of the opinion that the Department cannot be permitted to question these issues when it was accepted by them in the previous years. Our view is supported by decisions of the Supreme Court in Radhasoami Satsang Vs. Commissioner of Income Tax, (19....