TMI Blog2010 (3) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that- the expenditure had been incurred in the ordinary course of business. Tribunal found that no assets of enduring nature come into existence by the expenditure. Thus the expenditure is deductible. - 634 of 2009 - - - Dated:- 30-3-2010 - KUMAR M. M., JITENDRA CHAUHAN JJ. Ms. Urvashi Dhugga for the appellant. JUDGMENT The judgment of the court was delivered by M. M. Kuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere, therefore, not allowable under section 36(1)(va) and were to be treated as income under section 2(24)(x) of the Income-tax Act, 1961, in contravention of the decision in the case of CIT v. Pamwi Tissues Ltd. [2009] 313 ITR 137 (Bom) ? 2. Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was right in law in confirming the order of the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenditure incurred in connection with load extension (P E) and purchase of distribution panel (R M) even though the benefits flowing from extension of load and replacement of old panel were of enduring nature, therefore, the same were capitalised ?" 3. Learned counsel for the Revenue at the outset states that she does not wish to press questions Nos. 1 and 2 on account of a judgment of the hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Commissioner of Income-tax (Appeals). Accordingly, disallowance of Rs. 1,22,964 has been deleted by the Commissioner of Income-tax (Appeals). On further appeal, the afore-said view has been upheld in para 6 of the order of the Tribunal. Referring to the purchases of distribution panel on October 7, 2002, and incurring of expenditure on extension of load, the Tribunal has held that no asset ..... X X X X Extracts X X X X X X X X Extracts X X X X
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