2012 (12) TMI 1095 - AT - Income Tax

Summary

Issues involved:
The judgment involves appeals and cross objections related to different assessment years filed by the Revenue and the assessee against the orders of the Commissioner of Income-tax (Appeals) pertaining to business loss, treatment of income, and incidental expenditure pending capitalization.

Appeal for AY 2002-03:
The Revenue appealed against the allowance of business loss claimed by the assessee, which was assessed against the total income. The Tribunal dismissed the Revenue's appeal, citing a previous decision in favor of the assessee by the Special Bench of ITAT Ahmedabad.

Cross Objection for AY 2002-03:
The assessee's cross objection raised concerns about the commencement of business in earlier years and the treatment of interest income as "Income from Other Sources." The Tribunal dismissed the cross objection, following the decision of the Special Bench and the dismissal of the Revenue's appeal.

Appeal for AY 2003-04:
The Revenue challenged the direction to allow the claim of incidental expenditure pending capitalization and the treatment of income from other sources as business income. The Tribunal dismissed the Revenue's appeal, consistent with the decision of the Special Bench in the assessee's case.

Cross Objection for AY 2003-04:
The assessee's cross objection included grounds related to various receipts and interest charges under different sections of the Income-tax Act. The Tribunal dismissed the cross objection based on the decision of the Special Bench and the dismissal of the Revenue's appeal.

Appeal for AY 2004-05:
The Revenue contested the direction to allow incidental expenditure pending capitalization and the treatment of income from other sources as business income. The Tribunal dismissed the Revenue's appeal, following the decision of the Special Bench in the assessee's case.

Cross Objection for AY 2004-05:
The assessee's cross objection raised issues regarding the treatment of income from investments and bank deposits, as well as expenses incurred for earning income. The Tribunal dismissed the cross objection in line with the Special Bench's decision and the dismissal of the Revenue's appeal.

In conclusion, all appeals by the Revenue and the assessee's cross objections were dismissed by the Tribunal based on the decisions of the Special Bench and the specific issues raised in each assessment year.