TMI Blog2014 (7) TMI 1353X X X X Extracts X X X X X X X X Extracts X X X X ..... ds disposed off in the same terms and directions to AO as given in para 27 to 27.2 of the impugned order. Accordingly the additional ground No.1 stands disposed off.e Expenditure incurred on assets not owned - allowable revenue or capital expenses - HELD THAT:- As identical issue has been decided by the Tribunal for the assessment year 1995-96 and by following the order of this Tribunal the AO has allowed the claim of the Assessee while passing the order giving effect to the order of this Tribunal. We find that AO has already allowed the claim of the Assessee as raised in additional ground No.2 for the assessment year 1999-00 [ 2011 (8) TMI 1154 - ITAT MUMBAI] while passing the giving effect order dated 28/03/2013. Therefore, the addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee raised following two additional grounds for the assessment year 1999-2000. Additional Ground No.1 for A Y 1999-00: 1. On the facts and circumstances of the case and in law, the Appellant prays that the ( AO ) be directed to: i). Exclude from the taxable profits, the sales tax exemption benefit of ₹ 2,37,47,223/- which is included in Sales and which is taxed in the assessment order as part of profits of the business; II. To treat the same as capital receipt not chargeable to tax. A copy of application dated 24th August, 2007 filed by the assessee company for admission of additional ground no.1 on 5th September, 2007 for A Y 1999-00 is enclosed herewith and marked Annexure 'B'. Additional Ground No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessment year 1999-00 also stands disposed off in the same terms and directions to AO as given in para 27 to 27.2 of the impugned order. Accordingly the additional ground No.1 stands disposed off. 5. As regards the additional ground No.2 the ld. Sr, Counsel has pointed out that an identical issue has been decided by the Tribunal for the assessment year 1995-96 and by following the order of this Tribunal the AO has allowed the claim of the Assessee while passing the order giving effect to the order of this Tribunal. We find that AO has already allowed the claim of the Assessee as raised in additional ground No.2 for the assessment year 1999-00 while passing the giving effect order dated 28/03/2013. Therefore, the additional groun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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