TMI Blog2015 (3) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent : F.V. Irani P.C: This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 5th October, 2011 passed by the Income Tax Appellate Tribunal (the Tribunal). 2 The following question of law has been raised for our consideration: Whether on the facts and in the circumstances of the case and in law, the Tribunal is justified in holding the expenditure of ₹ 6,43,47,284/incurred for production of T. V. films and commercials as revenue in nature, without appreciating the fact that the advertisement films are assets which are owned by the assessee and are reusable over an indefinite period of time? 3 The Tribunal by the impugned order dated 5th October, 2011 dism ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the Revenue in a very causal manner without indicating the basis of the challenge i.e. some distinction in facts from the order of the High Court or that the order of the jurisdictional High Court is a subject matter of challenge before the Apex Court. In the absence of the above explanation, it follows that there are times when even though the decision of the jurisdictional High Court has been accepted by the Revenue and yet the Revenue chooses to file an appeal on the same issue before this Court. Rule of law implies certainty of law and the State filing appeals on settled issues arbitrarily and/or without any application of mind. This filing of appeal without due application of mind leads to attempting to unsettle settled position ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal memo, then a further affidavit in support be filed indicating the reasons. In the absence of the above, we will be compelled to impose heavy/exemplary costs to be personally paid by the jurisdictional - Commissioner of Income Tax under whose jurisdiction, the appeal is being filed and pressed in spite of the issue being settled by this Court and the same having been accepted by the Revenue. 8 It is expected of the Revenue that in the light of the above observations it would review all the appeals which are already filed and where the issue stands concluded by virtue of decision of this Court which has been accepted by the Revenue, withdraw such appeals. Needless to state that above examination will also be done in case of new ..... X X X X Extracts X X X X X X X X Extracts X X X X
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