2020 (4) TMI 723

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....LE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI APPELLANT: SRI.K.V. ARAVIND, ADVOCATE RESPONDENT: SRI.PEREY PARDIWALA, SENIOUR COUNSELSRI. T. SURYANARAYANA, ADVOCATE JUDGMENT This appeal is filed by the revenue under the challenging the order passed by the Income-Tax Appellate Tribunal, Bengaluru in MP No.63/Bang/2005 in ITA No.576/Bang/2004 dated 27.07.200....

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....,000/- was debited to P&L account. The assessee, i.e., the respondent challenged the order before the Commissioner of Income Tax (Appeals) Bengaluru. The Commissioner of Income Tax vide order dated 01.01.2004 dismissed the appeal. The respondent aggrieved by the order passed by the Commissioner of Income Tax dated 01.01.2004 filed an appeal before the Income Tax Appellate Tribunal, Bengaluru Bench....

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.... "Whether the Tribunal was correct in passing the orders u/s.254 (2) of the Act that the sum of Rs. 5 crores paid by the Compaq Computers (I) Ltd., is a revenue expenditure when the Tribunal in its earlier order dated 18.01.2005 had not considered this issue and the assessee had withdrawn this ground before the Appellate Commissioner and the same had been amortalized by Compaq for a period of 36 m....