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TMI Blog2018 (12) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... X APPEAL (IT) NO. 781 OF 2016 - - - Dated:- 4-12-2018 - AKIL KURESHI M.S. SANKLECHA, JJ. Mr. Tejveer Singh for the Appellant Mr. Percy Pardiwala a/w Mr. Madhur Agrawal i/by Atul Jasani for the Respondent P.C.: 1. At request of learned counsel for the parties, both the petitions are taken up for final disposal at this stage. 2. These appeals arise out of the common judgment of the Income Tax Appellate Tribunal dated 20.2.2015 ( the Tribunal for short). Since the facts are similar, we may refer the same from Income Tax Appeal No. 778 of 2016. 3. The appeal is filed by the Revenue concerning the Assessment Year 2001-02. Following question is presented for our consideration :- Whether on the facts and in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) , the decision of this Court in the case of Raychem RPG Ltd (supra) was snot brought to the notice of the Court. He further pointed out that the same view has been taken in two more decisions of this Court namely in the cases of Commissioner of Income Tax Vs. KSB Pumps Ltd reported in [2016] 75 taxmann.com 184 (Bombay) and Commissioner of Income Tax Vs. Geoffrey Manners Co Ltd reported in [2014] 49 taxmann.com 320 (Bombay). 6. We have perused the documents on record and also the judgments cited before us. It is true that in Tax Appeal No. 1754 of 2011, this Court has admitted the appeal of the Revenue which involves a somewhat similar question as has arisen in the present appeal. However, as noted, the learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xmann.com 507 , a Division Bench of this Court held that similar view of the Tribunal in the case of that Assessee cannot be said to be perverse or vitiated by any error of law apparent on the face of record. This Court approved the findings of the Tribunal in favour of the AssesseeRaychem RPG Limited. The expenditure referred to by the Division Bench is identical. The view taken, therefore, in the case of the present Assessee is in accord with the settled principles and advancement in technology and judicial notice of which has been taken by this Court. 8. Yet again, in case of KSB Pumps Ltd (supra), the Division Bench of this Court referred to the judgment in the case of Geoffrey Manners Co Ltd and upheld the decision of the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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