9911796707
TMI Blog1995 (9) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961, has been preferred by the Revenue seeking to refer the following questions, to this court for its opinion, relevant to the assessment year 1983-84 : " (1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the expenditure incurred after April 6, 1982, represents revenue expenditure ? (2) Whether, on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f assessment, rejected the assessee's claim holding that it related to the period before the production of cement unit-III commenced. The issue regarding expenses of Rs. 54,08,994 was not examined by the Income-tax Officer as the assessee had itself capitalised the expenditure. The assessee preferred an appeal to the Commissioner of Income-tax, who held that the business of the assessee-company co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax (Appeals) could have entertained such claims. However, the Tribunal did not give any specific direction on the aforesaid capitalised amount of Rs. 54,08,994 in the order of appeal. The same was, however, included in the order passed in the miscellaneous application filed by the assessee against which an application under section 256(1) was filed by the Revenue which was rejected by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, on the facts and in the circumstances of the case, the Tribunal was right in holding that expenditure of Rs. 54,08,995 was allowable as revenue expenditure having been incurred after April 6, 1982 ? " In the result, we direct the Tribunal to refer to this court the aforesaid reframed question of law along with a statement of case for its opinion. The petition stands allowed to the extent in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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