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TMI Blog2015 (10) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... STICE HARSHA DEVANI) 1. By this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), the appellant revenue has called in question the order dated 17.4.2009 passed by the Income Tax Appellate Tribunal in I.T.A No.1753/Ahd/2005. 2. While admitting the appeal, this court by an order dated 26.4.2011 had formulated the following question of law :- "Whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was allowable expenditure. He, accordingly, deleted the disallowance. The revenue carried the matter in appeal before the Tribunal but did not succeed. 4. Heard Mr. Sudhir Mehta, learned senior standing counsel for the appellant and Mr. S. N. Divatia, learned counsel for the respondent. In the light of the view that the court is inclined to take in the matter it is not necessary to set out the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roviso to section 43B of the Act, which came into effect from 1st April, 2004 is retrospectively applicable with effect from 1st April, 1988. The controversy involved in the present case stands concluded by the above decision which would be squarely applicable to the facts of the present case. Under the circumstances, the view adopted by the Tribunal being in consonance with the law laid down by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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