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TMI Blog2013 (1) TMI 565X X X X Extracts X X X X X X X X Extracts X X X X ..... determination of this Court: "The Hon'ble ITAT has erred in law as well as fact by deleting the disallowance of Rs.7,10,95,947/-, treating them as revenue expenditure in contravention of the provisions of Section 35(1)(i) and 37(1) ignoring that: i. The expenditure incurred by the assessee on R&D was for creating intangible assets (new drugs and processes) with a view to produce benefit for several years and such expenditure was clearly capital in nature. ii. Originally the assessee had rightly categorized these expenditure in books so as to avail the benefit of Section 35(2AB) for weighted deduction and had changed the category as revenue expenditure, as an afterthought in the revised return, even though the nature of expenditure incurr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal on 24.02.2010. Once the respondent-assessee was being assessed by the Income Tax Officer, Ward-14(1), New Delhi who had territorial jurisdiction over the assessee respondent, this Court would have no jurisdiction to hear the present appeal filed under Section 260-A of the Act. 7. The matter is no longer res integra. In ITA No.44 of 2005 titled. The Commissioner of Income Tax, Faridabad Vs. M/s Motorola India Ltd. decided on 03.10.2007, where the assessment was framed by the Assessing Officer at Bangalore, the Revenue in that case, had sought to justify the filing of the appeal in this Court on the ground that the assessee respondent had requested for transfer of the case from Bangalore to Gurgaon on 02.01.2002 and the case was tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We are in respectful agreement with the aforementioned reasoning of the Delhi High Court. Accordingly, we hold that the preliminary objection raised by learned counsel for the assessee-respondent is sustainable. xxxx xxxx xxxx A conjoint reading of the aforementioned provisions makes it evident that the Director General or Chief Commissioner or Commissioner is empowered to transfer any case from one or more Assessing Officers subordinate to him to any other Assessing Officer. It also deals with the procedure when the case is transferred from one Assessing Officer subordinate to a Director General or Chief Commissioner or Commissioner to an Assessing Officer who is not subordinate to the same Director General, Chief Commissioner or Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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