TMI Blog2015 (3) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... eady started. The operations from the revenue had been shown at ₹ 14,178 lakhs. Looking to the nature of expenses it can be very well held that these are routine expenses incurred during the course of operation of the business. The similar facts was there in the A.Y. 2008-09 also, wherein the Tribunal has held that these expenses cannot be held as capital expenditure but are revenue in n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case and in law the Ld. CIT(A) has erred in deleting the disallowance made by the AO of ₹ 14,81 ,34,192/- incurred by the assessee on project development expenditure ignoring the facts that the expenditure incurred was capital in nature, was treated by the assessee as capital in its accounts but was claimed as revenue in the computation of income. 2. On the facts and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 27.11.2013. Even in the grounds, the revenue has stated that the order of the Ld. CIT(A) for A.Y. 2008-09 has not been accepted by the department and matter is sub judice before the ITAT. Hence the Revenue s appeal should be dismissed. 3. On the other hand, Ld. DR strongly relied upon the order of the AO. 4. After considering the aforesaid contention of the parties and also on the perusa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WIP Amount (Rs.) Salaries Wages 56,384,211 Contribution to Provident Fund, 3,515,643 superannuation Fund Gratuity, Leave Encashment Others 5,524,445 Rent 12,222,525 Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are routine expenses incurred during the course of operation of the business. The similar facts was there in the A.Y. 2008-09 also, wherein the Tribunal has held that these expenses cannot be held as capital expenditure but are revenue in nature and accordingly, the same were allowed. Even the Ld. CIT(A) has followed the earlier order of the Ld. CIT(A). Thus, following the earlier years preced ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
