2018 (8) TMI 1647

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....jeet Kumar,Shashwat Bajpai ORDER Heard Sri Shubham Agrawal, learned Counsel for the revenue and Dr. Shashwat Bajpai, Advocate assisted by Sri Sujeet Kumar, learned Counsel for the respondent-assessee. This is an appeal filed by the revenue under Section 260-A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal dated 28.04.2006 for the assessment year 1993-94.....

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....onstruction of the infrastructure of the Company ? 3. Whether on the fact and circumstances of the case, the ITAT is legally justified in law in allowing capitalization of expenses, which were incurred on advertisement, salary and wages, travelling and conveyance and staff welfare expenses and not incurred in connection with installation of Plant and Machinery or constructions of infrastr....

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....would be eligible for benefit of Section 35D. The questions no.1 & 2 are, therefore, decided against the revenue and in favour of the assessee. Insofar as the question no.3 is concerned, there are concurrent judgements of the CIT as well as that of the Tribunal that any amounts expended by an assessee, which are pre-operative in nature and are in fact made prior to coming in or the existence of....