2015 (9) TMI 1479

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....dhyaya 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 was right in law in holding that claim of depreciat....

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....ating 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 of the preceding year which is still pending in appeal before Commissioner of Income T....

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.... 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, (1992) 193 ITR 321, Berger Paints India Ltd Vs. Commissioner of Income Tax, (2004) 266 ITR 99 ....