TMI Blog2019 (9) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... re capital expenditure was incurred, the same was not claimed as revenue expenditure. However, the Respondent in its books of accounts showed the entire expenditure i.e. even the expenditure which is claimed in the income tax return as revenue expenditure as capital expenditure. It was only on the above basis, AO and the CIT (Appeals) held that the revenue expenditure claimed by the Respondent in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LECHA AND NITIN JAMDAR, JJ. Mr. Suresh Kumar for the Appellant. Mr. Madhur Agrawal with Mr. P.C. Tripathi i/b. Raj Darak for the Respondent. P.C. This appeal under section 260-A of the Income Tax Act, 1961 (Act), challenges the order dated 13 July 2016 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order dated 13 July 2016 is in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The Respondent s business has already been set up. However, in order to expand business, the Respondent was setting up new stores. 4. In its return of income, the expenditure incurred for setting up new stores has been claimed as revenue expenditure to the extent the expenditure was revenue in nature and where capital expenditure was incurred, the same was not claimed as revenue expend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. JCIT 372 ITR 605 (SC). The Tribunal also relied upon upon the judgment of its Coordinate Bench in the case of Reliance Footprint Ltd. v. ACIT in ITA No.5997/Mum/2011 decided on 23 October 2013 for the assessment year 2008-09, on identical facts, holding that the revenue expenditure as claimed is allowable. 6. Mr. Suresh Kumar very fairly points out that the Revenue being aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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