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TMI Blog2018 (1) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... not be said that the conclusion arrived at by the Tribunal that the expenditure incurred on dies and tools and machinery spares was revenue in nature, suffers from any legal infirmity so as to give rise to any question of law, much less, a substantial question of law warranting interference. - Tax Appeal No. 943 of 2017 - - - Dated:- 24-1-2018 - MS. HARSHA DEVANI AND MR. A. S. SUPEHIA, JJ. For The Appellant : Mrs Mauna M Bhatt, Advocate ORAL ORDER ( PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. By this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act ) the appellant revenue has challenged the order dated 6.4.2017 made by the Income Tax Appellate Tribunal, Ahmedabad D Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but did not succeed. 3. As can be seen from the order passed by the Commissioner (Appeals), he has noted that the proceedings under section 263 of the Act on this issue came to be dropped by the Commissioner of Income Tax for the assessment year 1996-97 and disallowance on this issue in the assessment year 1997-98 made by the Assessing Officer was cancelled by the Commissioner (Appeals). Thereafter, the assessee s treatment of consumption of dies and tools as revenue expenditure has been accepted by the revenue in the succeeding assessment years having regard to the fact that the dies and tools were consumable in nature due to having short life, which had been accepted by the revenue in the earlier years, the Commissioner (Appeals) hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sal of the record shows that both the Tribunal and the Commissioner (Appeals) have recorded concurrent findings of facts to the effect that the dies and tools as well as the machinery spares were consumable in nature and have accordingly held the expenditure to be revenue in nature. The fact that in earlier years such expenditure had been treated as revenue expenditure by the revenue has also been taken into consideration. Having regard to the concurrent finding of facts recorded by the Commissioner (Appeals) and the Tribunal, it cannot be said that the conclusion arrived at by the Tribunal that the expenditure incurred on dies and tools and machinery spares was revenue in nature, suffers from any legal infirmity so as to give rise to any q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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