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TMI Blog2010 (1) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... of the revenue is directed against CIT(A)'s order dated 12/11/2008 for the A.Y 2005-06. 2. The revenue has raised the following grounds of appeal- 1. On the facts and in the circumstances of the case and in law, the CIT[A] erred in holding that expenses of ₹ 3,76,92,710/- incurred by the assessee for acquiring audio rights as revenue expenditure and are not capital expenditure and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, we find that the issues raised in this appeal are covered by the decision of the Tribunal cited supra. 5. As regards ground No.1, the Tribunal has dealt with this issue at para 3.1 of its order in I.T.A.No.2407/M/08 which is reproduced hereunder for easy reference- "3.1 Ground No.1 is on the issue of allowability of expenditure incurred on purchase of audio rights treated by the assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Bombay High Court and that the addition is made by following the stand of the revenue in the earlier years to keep the issue alive. The first appellate authority applied the decision of the tribunal and deleted the addition. We see no infirmity in the same. In fact, ground 1B of the revenue appeals states that the ground is taken because the department has not accepted the decision of the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p before the Tribunal and the issue is decided in favour of the assessee. In the light of the above we respectfully follow the decision of the Tribunal and dismiss this ground of the revenue." Respectfully following the decision of the co-ordinate Bench this ground is also rejected.
7. In the result, revenue's appeal is dismissed.
Order pronounced on this 29th day of January, 2010. X X X X Extracts X X X X X X X X Extracts X X X X
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