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2012 (3) TMI 469 - AT - Income TaxDisallowance of expenditure under the head “Overburden Cutting and Removal of Ore” holding the same as capital in nature - Held that:- The removal of overburden is being a continuous process while extracting the ores, by no stretch of imagination it can be said that the expenditure has been incurred for prospecting the mineral or for sinking new pits as considered by the Assessing Officer and the learned CIT(A) respectively. Therefore, the addition on account of overburden removal charges made disallowing the claim of the assessee is not justified. We, therefore, set aside the impugned orders of the authorities below in this regard and direct deletion of the said disallowance/addition by allowing the appeal of the assessee.
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