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2014 (12) TMI 568 - BOMBAY HIGH COURTDetermination of cost of production of the film - allowability under Rule 9A(3) – Held that:- The Commissioner and the Tribunal concurrently and rightly noted that this is an attempt to get over and purporting to reopen an assessment of a partnership firm in which the Assessee was a partner - even if Rule 9A is applied, the assessee was entitled to claim the un-recouped cost of production in terms of Rule 9A(3) of the Rules - This un-recouped cost has been determined at a sum of ₹ 2,93,73,793/- by the AO in the assessment of the firm for AY 2004-05 and the same has become final - It is not open to the AO of the assessee to redetermine the cost of production in the assessment of the assessee - even the alternative plea of the assessee that de hors the provisions of Rule 9A, the difference between the cost of acquisition of the film Rudraksh to the assessee and the cost of realization from the exhibition of the film during the previous year should be allowed as a deduction, is acceptable – thus, the order of the Tribunal is upheld as no substantial question of law arises for consideration - Decided against revenue.
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