2017 (7) TMI 611

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... A. M. Badar, JJ. Mr.Ashok Kotangle a/w. Ms.Padma Divakar Mr.Arvind Pinto for the Appellant Mr.Percy Pardiwalla, Senior Counsel a/w. Mr.Raj Darak and Mr.P.C. Tripathi for the Respondent ORDER Per Court 1] In Income Tax Appeal No.948 of 2014, the Revenue has framed following question; "6.1Whether the Tribunal was correct in its interpretation that Preoperative expenditure of Rs. 3....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the dispute between the parties is the nature of the expenditure viz. Whether it is a revenue expenditure or capital expenditure? The factual matrix is as under; The Assessee had commenced his business and for expansion of his business had incurred expenditure. The Assessee claims that the expenditure to be revenue expenditure. Whereas, the Assessing Officer held it to be a capital. The Comm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... reported in [1977] C.I.T. 333, is on a different premises and is not assist. The Tribunal has misconstrued the said judgment. Even the judgment in a case of Commissioner of Income Tax, Gujrat II vs. Alembic Glass Industries Ltd., reported in [1976] C.I.T. 715, the facts were different. 5] Mr.Pardiwalla, the learned Senior Counsel for the Assessee submits that the expenses were Revenue expendit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al fees paid, audit fee and other miscellaneous expenses. 8] In view of the specific finding of fact arrived at by the Commissioner (Appeals) and the Tribunal, the Tribunal have held the expenditure to be revenue expenditure. In case of Kothari Auto Parts Manufacturers Pvt. Ltd. (supra), this Court had specifically observed that separate computation of income and expenditure would be justified ....