TMI Blog2018 (2) TMI 1960X X X X Extracts X X X X X X X X Extracts X X X X ..... or consideration of this Court, and the appeal to that extent is required to be dismissed. Disallowance as prior period expenses - grant of deduction in the years to which the same relates as per A.O. - Disallowance being expenditure incurred by appellant at its office located at Kolkata. Legal fees and expenses paid - Assessee submits that in the matter pertaining to Assessment Year 199899, such expenditure has been allowed by the Assistant Commissioner of IncomeTax, and in the light of that decision, this question is required to be considered, which can be done by the Assessing Officer, if the matter is remitted back to him for fresh consideration. - Income Tax Appeal No. 194 of 2007 - - - Dated:- 1-2-2018 - R.K. DESHPANDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (5) Whether on the facts and circumstances of the case Income Tax Appellate Tribunal was legally justified in dismissing the claim of appellant in respect of unabsorbed depreciation u/s 32(1) of Income Tax Act, 1961 at ₹ 46,18,37,628/. (6) Whether on the facts and circumstances of the case Income Tax Appellate Tribunal was justified in not admitting the additional ground raised by appellate in respect of levy of interest u/s 234C of Income Tax Act 1961 and inconfirming the levy of interest u/s 234C of Income Tax Act 1961. 2. Shri Dewani, the learned counsel appearing for the Appellant assessee, submits that the substantial question of law at serial No.(1) is covered by the decision of this Court delivered in ITL No.27 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion is required to be considered, which can be done by the Assessing Officer, if the matter is remitted back to him for fresh consideration. 5. In the result, this appeal is partly allowed, and the following order is passed : ORDER (1) The substantial questions of law at serial Nos.(1), (5) and (6) are answered against the appellantassessee. (2) The substantial questions of law at serial Nos.(3) and (4) are answered in favour of the assessee, and the disallowance of expenditure covered by these two questions is set aside and it is directed that the expenditure be allowed. (3) So far as the substantial question of law at serial No.(2) is concerned, the matter is remitted back to the Assessing Officer, who shall decid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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