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TMI Blog2019 (9) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... ew stores has been claimed as revenue expenditure to the extent the expenditure was revenue in nature and where capital expenditure was incurred, the same was not claimed as revenue expenditure. However, the Respondent in its books of accounts showed the entire expenditure i.e. even the expenditure which is claimed in the income tax return as revenue expenditure as capital expenditure. It was only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s claimed is allowable. - M.S. SANKLECHA AND NITIN JAMDAR, JJ. Mr. Suresh Kumar for the Appellant. Mr. Madhur Agrawal with Mr. P.C. Tripathi i/b. Raj Darak for the Respondent. P.C. This appeal under section 260-A of the Income Tax Act, 1961 (Act), challenges the order dated 13 July 2016 passed by the Income Tax Appellate Tribunal (Tribunal). The impugned order dated 13 July 2016 is in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady been set up. However, in order to expand business, the Respondent was setting up new stores. 4. In its return of income, the expenditure incurred for setting up new stores has been claimed as revenue expenditure to the extent the expenditure was revenue in nature and where capital expenditure was incurred, the same was not claimed as revenue expenditure. However, the Respondent in its books of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the judgment of its Coordinate Bench in the case of Reliance Footprint Ltd. v. ACIT in ITA No.5997/Mum/2011 decided on 23 October 2013 for the assessment year 2008-09, on identical facts, holding that the revenue expenditure as claimed is allowable. 6. Mr. Suresh Kumar very fairly points out that the Revenue being aggrieved by the above order dated 23 October 2013 of the Tribunal in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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