TaxTMI 
TaxTMI 
2008 (8) TMI 316
X X X X Extracts X X X X
X X X X Extracts X X X X
....i khanna, Balaram Das and Sparsh Bhargava, Advocates with him) for the respondent. ORDER 1. Leave granted. 2. These appeals are directed against the judgment and order dated 3.8.2007 passed by the High Court of Judicature at Rajasthan, Jaipur Bench, Jaipur in Income Tax Appeal No.270 of 2005 whereby and whereunder the appeal preferred by the appellant herein has been dismissed holding that no s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ly as capital expenditure and disallowed. Therefore, in view of the past history of the case, the expenditure towards development and prospecting charges amounting to Rs.1460729/- is treated as of capital nature and disallowed." 5. Although no provision of the Income Tax Act has been referred to by the Assessing Officer in his order, the Commissioner of Income Tax (Appeals) by its order dated 20.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he observation of the assessing officers that in past, such expenditure is disallowed, ld. AR has mentioned that in earlier years no such disallowance was made except in assessment year 1995-96 and the assessment year 1996-97 claim of development expenses was disallowed on the ground that assessee has not been able to prove that the expenses on development falls in the category of exploring, locat....