2019 (4) TMI 78

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....stions of law', as given below:- "1. Whether, on the facts and in the circumstances of the case and also in view of the fact that some of the projects have not started even during the relevant previous yeari) The ITAT is right in law in directing the Assessing Officer to consider the capital expenditure under 35D(1) and (2) of the Income Tax Act, 1961? ii) Should not the ITAT have upheld the addition the same as capital expenditure? 2(a) Whether, on the facts and in the circumstances of the case and in the absence of the ground with reference to issue of fluctuation in currency rate being raised before the Commissioner of Income tax (Appeals), the Tribunal is justified in accepting and acting upon the ground raised before it and....

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.... also preferred an appeal to the extent they were aggrieved, as I.T.A.No.1209/Del/1998. Both the appeals were considered together and the matter was finalized by the Tribunal as per Annexure-C order dated 28.3.2008. The Revenue has now come up before this Court stating that two issues are germane to be considered by this Court in view of the substantial question of law involved and they are, as extracted above. 4. The learned Standing Counsel for the Revenue fairly submits that the issue with reference to the applicability of Section 43A stands already settled in favour of the assessee, by virtue of the law declared by the Supreme Court in Oil & Natural Gas Corporation Ltd., Dehradun through Managing Director Vs. The Commissioner of Income....