9911796707
TMI Blog2018 (12) TMI 1614X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and therefore, there was no allocation from fuel expenditure. Commissioner (Appeals) also examined details of maintenance expenditure, that is, repairs, stores and spares and found that there was no maintenance cost during these years because it was under warranty. After appreciating the material on record, the Commissioner (Appeals) had directed the Assessing Officer not to reduce ₹ 27,95,329/- out of eligible profit on account of allocation of expenditure. The Tribunal after re-appreciating the evidence on record, has concurred with the findings recorded by the Commissioner (Appeals). The conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded by it after appreciating the material on record, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 40,17,406/- and consequently, reduced the eligible deduction under section 80I(4) of the Act to that extent. 3. The assessee carried the matter in appeal before the Commissioner (Appeals), who allowed the appeal preferred by the assessee relying upon the assessee s own case for assessment year 2008-09. Revenue carried the matter in appeal before the Tribunal, but did not succeed. 4. Mr. M. R. Bhatt, Senior Advocate, learned counsel with Mrs. Mauna Bhatt, learned senior standing counsel for the appellant reiterated the grounds set out in the memorandum of appeal as well as the reasoning adopted by the Assessing Officer. 5. From the facts as emerging from the record, it appears that for assessment year 2008-09, in the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals) had directed the Assessing Officer not to reduce ₹ 27,95,329/- out of eligible profit on account of allocation of expenditure. The Tribunal after re-appreciating the evidence on record, has concurred with the findings recorded by the Commissioner (Appeals). 6. Having regard to the fact that the conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded by it after appreciating the material on record, in the absence of any perversity being pointed out in the impugned order, the same does not give rise to a question of law, much less, a substantial question of law, warranting interference. 7. The appeal, therefore, fails and is, accordingly, summarily dismissed. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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