2019 (9) TMI 1119

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....he Respondent. P.C. This appeal under section 260-A of the Income Tax Act, 1961 (Act), challenges the order dated 13 July 2016 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order dated 13 July 2016 is in respect of assessment year 2008-09. 2. The Revenue has urged the following question of law for our consideration: "Whether on the facts and circumstances o....

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....ncurred for setting up new stores has been claimed as revenue expenditure to the extent the expenditure was revenue in nature and where capital expenditure was incurred, the same was not claimed as revenue expenditure. However, the Respondent in its books of accounts showed the entire expenditure i.e. even the expenditure which is claimed in the income tax return as revenue expenditure as capital ....

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....for the assessment year 2008-09, on identical facts, holding that the revenue expenditure as claimed is allowable. 6. Mr. Suresh Kumar very fairly points out that the Revenue being aggrieved by the above order dated 23 October 2013 of the Tribunal in the case of Reliance Footprint Ltd. (supra) filed an appeal in this Court being Income Tax Appeal No.948/2014. This Court vide order dated 5 July ....