2011 (6) TMI 828

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..... Advocate ORDER P.C. 1. In this appeal, four questions of law raised by the revenue, which reads thus: (a) Whether on the facts and in the circumstances " of the case, the Hon'ble Tribunal was justified in law in treating the project expenses amounting to ₹ 15,31,365/as revenue expenditure even though the same were connected to the new projects under completion and therefore capital i .....

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..... f ₹ 78,00,01,958/made by the A.O. u/s 36(1)(3) of the I.T. Act in respect of new projects under construction.?" 2. As regards the first two questions are concerned, the finding of fact recorded by the Tribunal is that the said expenditure was incurred by the assessee related to the same line of business carried on by the assessee and therefore allowable as revenue expenditure. The expendit .....

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..... o be achieved by incurring such expenses. In the present case, the I.T.A.T. after considering all facts on record has allowed the claim. Moreover, similar expenses allowed in the past have attained finality. In this view of the matter, in our opinion, question no.3 raised by the revenue cannot be entertained. 4. As regards the fourth question is concerned, the finding of fact recorded by the I.T. .....

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