2012 (9) TMI 481

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 35AB or Section 37 is required as during the pendency of this civil appeal, the assessee has got deduction u/s 37 as claimed, thus at this point of time, it would not be fair to ask the assessee, who has already got deduction under Section 37 to re-work and claim the benefit under Section 35AB on the basis of amortization of capital expenditure - against revenue. - Civil Appeal No. 3995 OF 2006 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s year relevant to Assessment Year 1991-1992. According to the Assessing Officer, the liability to make payment of Rs.59,69,885/-occurred in Assessment Year 1991-1992 and, in view thereof, the claim of the assessee- company for deduction of earlier years' expenditure of Rs.59,69,885/- pertaining to Assessment Year 1991-1992 cannot be allowed in Assessment Year 1992-1993. Ultimately, this view has .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ation or in any of the five subsequent years is objected to by the assessee or is legally found to be not possible, the deduction as revenue expenditure in the year under consideration will not be allowed. This is to ensure that the assessee does not get double deduction in respect of the same amount in more than one year." In this case, we do not wish to express any view on the applicability .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X