TaxTMI 
TaxTMI 
2017 (9) TMI 639
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....law, the learned CIT{A} has erred in allowing relief to the assessee to the extent impugned in the grounds enumerated below: 1. The order of the CIT{A} is opposed to law and facts of the case. 2. On the facts and circumstances of the case and in law, the Ld. CIT{A} has erred in deleting the disallowance of repairs and maintenance expenses relating to furniture and fixture incurred for creating new cabins and work stations holding the same to be revenue expenditure. 3. On the facts and circumstances of the case and in law, the Ld. CIT{A} has erred in holding that the issue has been decided in the earlier years in favour of the assessee, when in fact, the ITAT for AY 2005-06 & 2006-07 has remitted the issue back to the AO. 4. For these and other grounds that may urged at the time of hearing and decision of the CIT{A} may be set aside and that of the AO restored. 3. The brief facts of the case are that the assessee company is engaged in the business of business centre and all other ancillary services. The assessee company has entered into a joint venture agreement with MMTC Ltd. on 15- 10-2009 which is valid for 15 years to carry on business of r....
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....07-08 in ITA No.623 of 2012 dated 11th March,2014. Similar issue had come up for consideration before the Hon'ble ITAT and Hon'ble High Court in appellant's own case for various assessment years and the same was decided in favour of the appellant. Respectfully following the above decisions, the expenditure claimed by the assessee is treated as "revenue expenditure"". Consequently, the ground raised by the appellant is allowed." 5. Aggrieved by the appellate order dated 26-08-2015 passed by the ld. CIT(A), the Revenue is in appeal before the Tribunal. 6. The ld. D.R. relied on the assessment order of the A.O. and submitted that the addition made by the A.O. needs to be sustained. However, the ld. D.R. fairly submitted that the Hon'ble Bombay High Court in assessee's own case in ITA 623 of 2012 vide orders dated 11th March, 2014 for assessment year 2007-08 has dismissed the appeal of the Revenue and confirmed the order of the ITAT for assessment year 2007-08 dismissing appeal of the Revenue. The ld. D.R. also admitted that the Mumbai-tribunal in ITA No. 616 to 618/M/2014 for assessment years 2005-06, 2006-07 and 2010-11 vide common order dated 02.07.2015 in assessee....
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....he assessee by holding the repairs and maintenance expenses incurred by the assessee to be revenue expense. The order of the Hon'ble Bombay High Court in assessee's own case in ITA no. 623 of 2012 vide orders dated 11.03.2014 for assessment year 2007-08, wherein Lordships has observed as under:- "1. Heard Mr. Suresh Kumar, learned counsel appearing for the Appellant. Perused the order passed by the Income Tax Appellate Tribunal impugned in this appeal. By the order delivered on 29.12.2011, the appellant's appeal has been dismissed. That was the department's appeal and was in relation to the assessment year 2007-08. The Tribunal found that the Commissioner of Income Tax (Appeals) in order dated 13.5.2010 has followed the course adopted in relation to the preceding or prior assessment year 2005- 2006 and 2006-2007. In those two assessment years similar disallowances were made by the assessing officer and were deleted by the said Appellate Tribunal. However, the Tribunal finding that the approach was erroneous and could not be upheld, accepted the stand of the assessee in relation to these assessment years. 2. In paragraph 8 of the order under challenge these are the....
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....t year wherein he has categorically held that these expenses of Rs. 67,87,049/- has brought into existence an asset, which is intended to provide enduring benefit to the business of the assessee. The AO has categorically held that the asssessee has carried out carpentry work inside the premises which has created cabins and workstations. This finding of the AO has remained uncontroverted. This is purely factual matter which required investigation of facts, and facts could vary from year to year. We have also observed that Hon'ble Bombay High Court in assessee's own case in ITA no. 623 of 2012 vide orders dated 11.03.2014 for assessment year 2007-08 has recorded categorical finding as under in its order dated 11.03.2013, as under: "2. In paragraph 8 of the order under challenge these are the very fact which are referred to by the Tribunal in dismissing the Department's appeal. The findings are essentially factual and rendered in the backdrop of the material produced. They are consistent therewith. The assessee was maintaining the premises as business centre. The maintenance expenditure required for maintenance of such commercial premises has, thus, been upheld. The quantum o....