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2015 (9) TMI 1479 - HC - Income TaxReceipt of interest on loans land deposits given to various parties - income from "Income profits and gains of business and profession" OR "income from other sources" - Held that:- Issue is covered against the assessee in assessee's own case for the Assessment Year 1990-1991 reported in [2004 (9) TMI 37 - ALLAHABAD High Court ] Claim in respect of rent in "Transit Guest House" - Held that:- Issue is covered against the assessee in the assessee's own case by judgment for the Assessment Year 1993-94 reported in [2013 (12) TMI 832 - ALLAHABAD HIGH COURT ]. Consequently, the issue is decided against the assessee and in favour of the Department. Depreciation on tube well at a higher rate of 25%? - Tribunal holding that claim of depreciation on assets in respect of Radico Textile Unit which had not yet commenced during the year under consideration? - Held that:- Issues which were allowed in favour of the assessee for the year 1993-94, in which order of the Tribunal was accepted by the Department as the same was not challenged in a higher forum. Since no distinguishing features have been pointed out and the principle of consistency is required to be maintained inter se between the parties, we are of the opinion that the Department cannot be permitted to question these issues when it was accepted by them in the previous years. Our view is supported by decisions of the Supreme Court in Radhasoami Satsang Vs. Commissioner of Income Tax, (1991 (11) TMI 2 - SUPREME Court ), Berger Paints India Ltd Vs. Commissioner of Income Tax, (2004 (2) TMI 4 - SUPREME Court ) and Commissioner of Central Excise Vs. Bal Pharma Limited, Bangalore and others (2010 (9) TMI 307 - SUPREME COURT OF INDIA ). In view of the aforesaid, the issue is decided in favour of the assessee and against the Department. Treatment to various capital expenses as revenue expenses - Held that:- The similar issue arose for consideration before this Court in the assessee's own case for the Assessment Year 1993-94, wherein the Court in its judgment held that the issue did not arise for consideration. On the facts and circumstances of the case, we find that the said issue also does not arise for consideration. Consequently, the issues is decided against the Department and in favour of the Assessee. Deduction for loss on goods in transit - Held that:- Tribunal had directed the Assessing Officer to allow the said loss in the year 1993-94 under consideration provided the assessee's company gives up its claim for deduction in respect of the same for the Assessment Year 1993-94.We are of the opinion that no prejudice has been caused to the interest of the Revenue in allowing the claim of the assessee in the present Assessment Year subject to assessee's giving up its claim in the previous Assessment Year i.e. 1993-94. In the light of the aforesaid, the issue is decided against the Department and in favour of the assessee.
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