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TMI Blog2021 (2) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... utset, the Ld. AR of the assessee Shri Manish Tiwari drew our attention to the fact that this issue is squarely covered in assessee's own case by the decision of the Tribunal in earlier assessment years i.e. A.Ys. 2009-10 and 2012-13. According to Ld. AR, the assessee had made a payment of Rs. 13.94 cr. for gaining control over the property which was necessary to their smooth running of its hotel business. Therefore, the expenses claimed was amortized and expenditure was claimed from AY 2003-04 onwards which was allowed throughout by the AO u/s. 143(3) of the Income tax Act, 1961 (hereinafter referred to as the "Act") from AY 2004-05 to 2008-09 by passing scrutiny assessment orders u/s. 143(3) of the Act. The Ld. AR drew our attention t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income tax proceedings as each of the assessment years is an independent assessment year, but there must be substantial ground for the revenue to differ if the view taken by the Assessing Officer in the preceding assessment year. Our aforesaid view is duly supported by the decision of the Hon'ble jurisdictional High Court in the case of CIT Vs., Hindustan Motors Limited reported in 192 ITR 619. We, therefore, respectfully following the decision of the Hon'ble jurisdictional High Court confirm the order of CIT(Appeals) in respect of the Ground No. 1 delete the addition of Rs. 58,66,864/-." 4. And according to the Ld. AR this view has been reiterated by the Tribunal in assessee's own case for AY 2012-13 by order dated 29.01.2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee (supra). This view of the Tribunal has been followed in assessee's own case by the coordinate bench for AY 2012-13 also. Even though res judicata is not applicable for income tax proceeding, however, rule of consistency as a principle has been upheld by the Hon'ble Supreme Court in the case of Radhasoami Satsang Vs. CIT (193 ITR 321), wherein the Hon'ble Supreme Court has held that if the facts permeating in the earlier years are the same and there is no change in facts and law, then the view taken earlier should not be disturbed by applying the principle of rule of consistency. This view has also been endorsed by the Hon'ble jurisdictional High court in the case of CIT Vs. Hindustan Motors Ltd. 192 ITR 619. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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