2016 (11) TMI 722

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....unwala, Advocate JUDGMENT 1. The appeal is directed against the judgment and order dated August 17, 2009 passed by the learned Income-tax Appellate Tribunal, "B" Bench, Kolkata in I. T. A. No. 2134(Kol) of 2008 pertaining to the assessment year 2005-06 by which the learned Tribunal dismissed an appeal preferred by the Revenue. The aggrieved Revenue has once again come up in appeal. The following....

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....e claimed as a revenue expenditure. The Assessing Officer was of the opinion that the expenditure should be allowable over a period of five years which is also the period during which the mining is to be conducted. The assessee accepted that order and revised the subsequent returns. In the facts of the case, both the Commissioner of Income-tax (Appeals) and the learned Tribunal were of the opinion....