TMI Blog2015 (3) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... the previous assessment year 2001-02, in its favour. The ITAT had followed its previous order for assessment year 2001-02 in its impugned order. The ITAT’s order for the previous year 2001-02 has been affirmed by a judgment of this Court in Commissioner of Income, Large Taxpayers Unit V. Indian Railways Finance Corporation Ltd. [2014 (6) TMI 224 - DELHI HIGH COURT]. This position is in fact conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ization of liability, the same may be considered in the year under appeal. The assessee is therefore, directed to place necessary evidence in support of claim of expenses. The Assessing officer on appreciation of evidence may determine the year of allowability and allow the same in either of the year. No substantial question of law - ITA 103/2015, ITA 105/2015, ITA 106/2015, ITA 104/2015 - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian Railways, which is owned by the assessee and which is on lease finance basis. 3. The issue in respect of the assessee itself is covered for the previous assessment year 2001-02, in its favour. The ITAT had followed its previous order for assessment year 2001-02 in its impugned order. The ITAT s order for the previous year 2001-02 has been affirmed by a judgment of this Court in Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able on record it is seen that the similar issue has been decided by the Hon'ble ITAT in ITA no. 1735/del/2006 for assessment year 2002-03 vide their order dated 28-08-2009 wherein the Hon 'ble ITAT has observed as under: We have considered the rival submissions. There is no dispute about the allowability of expenses. Only dispute is regarding the year of allowability. If the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntions and perusal the material available on record. Respectfully following ITAT's order for A.Y. 2002-03 herein also we restore the issue back to the file of assessing officer with same directions. 6. In view of these directions, the Court is of the opinion that no substantial question of law arises on this aspect for AY 2006-07. All rights and contentions of the parties are reserved. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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