2023 (10) TMI 516

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....horana, Advs. For the Respondent : Mr Zoheb Hossain, Sr. Standing Counsel with Mr Sanjeev Menon, Jr Standing Counsel. ORDER RAJIV SHAKDHER, J.: 1. This appeal concerns Assessment Year (AY) 1994-95. Via the instant appeal, the appellant/assessee seeks to assail the order dated 28.04.2006 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"] in ITA No.5489/Del/97. 1.1 The impugne....

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....ture?" 3. We have dealt with pari materia substantial questions of law while deciding ITA No.1398/2006, concerning AY 1992-93, which was treated as the lead matter with the consent of counsels for the parties. 4. We may note that the only difference that obtains in the questions of law framed in ITA No.1398/2006 concerns the quantum of fees paid to the consultant. 4.1. In the instant AY, i.e.,....

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....llowed, as capital expenditure. 6. Insofar as the payment of fees to GEL amounting to Rs.44,00,000/- was concerned, the CIT(A) sustained the disallowance made by the AO. 7. Upon the matter travelling to the Tribunal, it disallowed the entire expenditure on "repairs and renovation" amounting to Rs.13,30,93,811/- [Rs.3,48,92,811/- + Rs.982,01,000/-] (which included expenses that had been initially....

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....f fees to GEL. 9.1 Insofar as the amount of Rs. 982,01,000/- is concerned, which was initially capitalized and was claimed as revenue expenditure for the first time before the Tribunal and forms part of the additional grounds raised by the appellant/assessee in its appeal preferred before the Tribunal, it would stand remanded to the AO for examination of the character and nature of the expenses ....