2024 (5) TMI 1302

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.... Y. V. Raviraj, Advocate) For the Respondent : None   JUDGMENT K V ARAVIND, J., The above appeal is under Section 260A of the Income Tax Act, 1961 (for short 'Act'), by the Revenue aggrieved against the order passed by the Income Tax Appellate Tribunal (for short 'ITAT') in ITA No. 186/PAN/2018 for the assessment year 2014-15 dated 05.04.2022. 2. The revenue has raised followin....

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....llowable expenses when the mining activities are under progress and the liability to close the mine has not arisen? iii. Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in holding that the 'pit filling' expenses not actually incurred, are allowable expenses without referring to and which is not in conformity with the Supreme Court Ju....

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....issioner of Income Tax (Appeals), Belagavi. The CIT(Appeals) by order dated 12.02.2018 allowed the appeal in part by estimating the pit filling expenses at Rs. 104 per ton. 5. The revenue being aggrieved against the order of CIT(A) preferred appeal before the Tribunal. The Tribunal proceeded to hold that the estimation of pit filling expenses made by CIT(A) is without any basis. The Tribunal fu....

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....etitioner is in continuation of mining activity, the liability to fill the mining pits does not arise. In the circumstances, the order of the Tribunal remanding the matter to the assessing officer for reconsideration is without any purpose. 7. We have heard learned Senior Standing counsel for the appellant/revenue Shri. Y.V. Raviraj and perused the appeal papers. 8. The assessing officer has....