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TMI Blog2018 (10) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee shall be afforded - Appeal of Revenue is allowed for statistical purposes. - ITA No. 257/Mum/2014 - - - Dated:- 28-9-2018 - Sri Mahavir Singh, JM And Sri Rajesh Kumar, AM For the Appellant : Shri DG Pansari, DR For the Respondent : None ORDER PER MAHAVIR SINGH, JM: This appeal of the Revenue is arising out of the order of Commissioner of Income Tax (Appeals)-38, Mumbai [in short CIT(A)], in appeal No. CIT(A)-38/IT-381/2011-12, dated 09.10.2013. The Assessment was framed by the Dy. Commissioner of Income Tax, Central Circle 45, Mumbai (in short DCIT/ AO ) for the A.Y. 2002-03 vide order dated 05.12.2011 under section 143(3) of the Income Tax Act, 1961 (hereinafter the Act ). 2. The only issue in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to settlement of disputes in supply, performance, erection and commissioning of an Axial Closed Die Rolling line. The amount being capital in nature has been appropriated as such in accounts. As a matter of abundant caution, the Company has written back expenses amounting to ₹ 1,53,12,023/- by way of Travelling and Legal Expenses incurred by the Company during the Financial years 1996-97, 1997-98 and the current year in connection with the pursuing the dispute, though the company is of the opinion that irrespective of the nature of the claim received being capital, such expenses as and when made in pursuing the claim were revenue in nature. 4. However, the AO disallowed the claim of assessee regularly and in this year he disallow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) following his predecessor s order in earlier years, allowed the claim of the assessee vide Para 9.2 and 9.3 as under: - 9.2 While allowing the claim of the appellant for the same assessment year i.e. AY 2002-03, the predecessor CIT(A) vide Para No 4.3 of his order has held as under: 4.3 I have carefully perused the facts pertaining to this issue and the reasons given by the AO for making the said disallowance out of depreciation. It has been noticed that this issue is of recurring nature right from A. V.1999-2000 onwards. The Assessing Officer has been consistently disallowing the depreciation pertaining to the amount of compensation which had been received by the appellant from the foreign supplier of plant and machinery. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioned by my predecessor, the ground of appeal raised by the appellant on this issue is allowed. 6. The learned Sr. Departmental Representative, now before us relied on the assessment order. The assessee choose not to appear before the Tribunal from many hearings and on 12.04.2018, Tribunal recorded the fact as under: - 12.04.18 Ld. DR is directed to find out from the AO about the outcome of appeal filed by AO for AY 1999-2000. Hearing is adjourned to 17.07.2018. In case the AO does not supply necessary information to Departmental Representative, the matter will be decided on available material. Ld Departmental Representative is directed to inform the AO a copy of letter should be sent to the principle CIT (PCIT). Both parties inf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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