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TMI Blog2008 (4) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... a revenue expenditure in one year, it claimed the deduction on a deferred revenue basis. The Assessing Officer passed an assessment order under section 143(3) of the Income Tax Act, 1961 and allowed 10 percent. of the expenses in the assessment year 1996-97. In the subsequent years, the Assessing Officer treated the assessee’s claim under section 35D of the Act and disallowed the expenditure clai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s delivered by Madan B. Lokur J.- The Revenue is aggrieved by an order dated June 17, 2005 passed by the Income-tax Appellate Tribunal, Delhi Bench "G" in I. T. A. No. 2774 and 2775/Del/2003 relevant for the assessment years 1997-98 and 1998-99. 2. The assessee had incurred some expenditure to the extent of about Rs.6.9 crores towards product development. It appears that the assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Income-tax (Appeals) (CIT (A)). 5. Aggrieved by the view taken by the Assessing Officer and the Commissioner of Income-tax (Appeals), the assessee filed an appeal before the Income-tax Appellate Tribunal and that was decided in favour of the assessee. It is for this reason that the Revenue is now before us. 6. The Tribunal was of the view that there was nothing to show that the exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be some consistency in the view taken by the assessing authority. The decision of the Supreme Court has been followed by this court in several cases, including in CIT v. A. R. J. Security Printers [2003] 264 ITR 276 (Delhi). 9. To get out of this situation, learned counsel for the Revenue went to the extent of contending that the Assessing Officer did not apply his mind while passing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cepted earlier by the Assessing Officer, we are of the opinion that no substantial question of law arises for consideration. 12. This appeal is accordingly disposed of with costs of Rs. 5,000. The costs shall be deposited by the Revenue within four weeks by way of a cheque drawn in favour of Registrar General of this court who will utilise the amount for juvenile justice. 13. List this matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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