2012 (10) TMI 1218

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..... 1. Following questions of law are raised by the Revenue in this appeal. a) Whether on the facts and in the circumstances of the case and in law the Tribunal was right in holding that the reopening of assessment after four years was bad in law as new material showing escapement of income has not come in possession of the department post assessment even though Explanation I to Se .....

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..... enses were capital in nature ? d) Whether on the facts and in the circumstance of the case and in law the Tribunal was justified in deleting the disallowance made by the Assessing Officer of ₹ 1,21,760/claimed by the assessee company as service charges even though such expenses were capital in nature ? e) Whether on the facts and in the circumstance of the case and in law t .....

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..... bad in law. Since the decision of the Income Tax Appellate Tribunal is based on finding of fact, we see no reason to entertain question (a). 3. As regards question (c), (d) and (e) are concerned, counsel for the parties state that similar questions raised by the Revenue in the assessee's own case being Income Tax Appeal No.6186 of 2010 have not been entertained. For the reasons stated .....

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