TMI Blog2018 (9) TMI 603X X X X Extracts X X X X X X X X Extracts X X X X ..... of fact and the Appellate Tribunal has taken relevant considerations into account and noticed the law applicable, such question does not call for any reconsideration. Expenditure in relation to unit sold - Held that:- As sale of one of the units of the assessee to Nicholas Piramal India Limited (NPIL) for a consideration of about ₹ 2.43 crore. At the time of the sale of the pharmaceutical business of the assessee as a going concern and for a slump price, it was agreed that the purchaser would take over the risk of the business with effect from January 1, 2002 though the actual transfer of the business to NPIL was on March 27, 2002. In considering the views of the assessing officer and of the Commissioner (Appeals), the Appellate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disregarded. As to the issue of restructuring, the Revenue says that the Appellate Tribunal has decided the matter on the strength of a judgment of the Punjab and Haryana High Court and without appreciating the contents of the judgment. Indeed, it does not appear from the tribunal s order that it refers to the ratio decidendi in any judgment or even attempts to undertake an exercise to discern the same from a judgment carried to it by any party. The tribunal s treatment of the judgments of superior fora cited before it is rather peculiar. The tribunal merely quotes the head-note without making an effort to ascertain the circumstances in which the legal issue arose or the extent of operation of the dictum laid down in the judgments. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whole amount expended has to be made up over five years. It is the further case of the assessee that when one or more of the several units of an assessee is shut down or sold, it does not imply that the services of the common management or managerial staff are also terminated. The assessee says that it is difficult to sometimes put the matter in a straight-jacket which is why even the Supreme Court has said that sometimes the decision as to whether the expenditure should be regarded as a capital or revenue cost may be on a toss of coin. The Appellate Tribunal assessed the facts and it was primarily on the appreciation of facts that the Tribunal found that the expenditure on account of restructuring incurred by the assessee had to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regarded as different units or had to be taken as a whole. The Appellate Tribunal referred to the judgment of the Supreme Court rendered in similar circumstances and was satisfied that since the whole of the expenses of the assessee had been indicated rather than the expenses incurred in respect of the particular unit, the point sought to be raised by the Revenue was of no significance. No real question of law arises on such aspect. Accordingly, since the Appellate Tribunal appears to have considered the two issues that have been pressed by the Revenue and discussed the same in great detail, such aspects of the matter do not require to be revisited. In any event, as indicated above, no substantial question of law arises in the circumsta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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