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TMI Blog2019 (11) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... so to Section 147 of the Act. Allowability of expenditure of renovation expenses - From the order under Section 143(3) of the Act, on this issue, the Petitioner has filed Appeal to the Commissioner of Income Tax (Appeals) who allowed the Petitioner s appeal. This by holding that the expenses of ₹ 77 lakhs are also be allowed as Revenue expenses. The Revenue is now in appeal before the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 - M.S. SANKLECHA NITIN JAMDAR, JJ. Mr. Rohan Deshpande with Mr. Suyog Bhave i/b. Mr. Farzeen Khambatta, for the Petitioner. Mr. Sham Walve, for the Respondents. P.C:- This Petition under Article 226 of the Constitution of India, challenges the notice dated 30th March, 2019 issued under Section 148 of the Income Tax Act, 1961 (the Act) by the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital expenses to the extent of ₹ 77.17 lakhs and the balance as Revenue expenses in the regular Assessment Proceedings. It is the claim of the Respondents that the entire expenditure of ₹ 92.66 lakhs should have been treated as capital expenditure.a 3. So far as first ground is concerned, it the contention of the Petitioner that the reasons itself indicate that the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that the expenses of ₹ 77 lakhs are also be allowed as Revenue expenses. The Revenue is now in appeal before the Tribunal. Therefore, it is submitted that there is no failure on the part of the Petitioner to disclose fully and truly all material facts necessary for Assessment. Thus, the notice is without jurisdiction as being hit by the first proviso to Section 147 of the Act. Besides, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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