2009 (1) TMI 274

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.... CORAM:- HON'BLE MR JUSTICE BADAR DURREZ HON'BLE MR JUSTICE RAJIV SHAKDHER 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in Digest? BADAR DURREZ AHMED, J 1. These three appeals pertain to the assessment years 1994-95, 1995-96 and 1997-98 arising out of the common order dated 14.02.2008 passed by the Income-tax Appellate Tribunal in ITA Nos. 294 and 295/Del/2003 and ITA No.1961/Del/2004 respectively. 2. The revenue is aggrieved by the fact that the Income-tax Appellate Tribunal allowed the expenditure incurred by the assessee in connection with the modernization and expansion of, inter alia, its Deoband and Ramkola....

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....hereon @ 25%. The Commissioner of Income-tax (Appeals) confirmed the views of the Assessing Officer. 4. The tribunal noted the arguments of the learned counsel for the assessee that the administrative expenses were not the actual expenses, but were estimated at 3% of the cost of machinery or building put to use in the years in question. It was also contended that the expenses were not for installation of new machinery or erection of new building or transportation of material and that they were purely administrative expenses of a revenue nature. It was also pointed out that the assessee had undertaken the expansion of its existing sugar mills with a view to enhance their capacities. 5. After hearing the arguments on behalf of the assesse....