TMI Blog2011 (3) TMI 1730X X X X Extracts X X X X X X X X Extracts X X X X ..... ncurred and unamortized by the assessee during the assessment year under consideration. 3. We have heard both the parties and considered the relevant record. At the outset, the learned AR has submitted that while deciding the issue of the assessee, the CIT(A) has followed the order for the assessment year 2004-05 whereas this Tribunal has adjudicated the issue vide order dated 22.09.2009 passed in appeal no. ITA 6978/Mum/2007 for the assessment year 2004-05. Thus, the learned AR has submitted that the issue involved in this appeal stands covered by the decision of this Tribunal in assessee s own case for the assessment year 2004-05. The learned AR of the assessee has also filed a copy of the order of the CIT(A) for the assessment year 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the AO is confirmed on this issue and the appeal is dismissed 6. Thus, it is cleared from the impugned order of the CIT(A) that the CIT(A) has followed the order dated 30.9.2007 for the assessment year 2004-05. This Tribunal has decided the issue for the assessment year 2004-05 as under : 6. We have heard the learned representatives of the parties and peruse the record. The allowability of the expenses only to be seen in the light of section 37 of the Act and not in accordance with the books of account of the assessee. Therefore, we do not agree with the revenue that in the books of account the expenses were treated as deferred revenue expenses and the same cannot be claimed u/s 37 of the Act. The expenses incurred in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 36,000/- for stamping charges for CPS are not available on record as no relevant receipts were produced. Whether such certificates amount to loan paper. The nature of the document has not been examined by the revenue authorities after considering relevant rules procedure and utilization of the certificate. The relevant facts are required to put on record after necessary verification. Further, it is not clear from the record that the amount paid to CRISIL Ltd. is in respect of certificated dated 5th March 04 or 12.07.2005. The relevant details of particulars of total commercial papers pertaining to the year under consideration are also not on record, which are necessary for deciding the issue under consideration. Under these circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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