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TMI Blog2009 (1) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... K. RAVIRAJA PANDIAN J. - The Revenue is on appeal under section 260A of the Income-tax Act, 1961, against the order passed by the Income-tax Appellate Tribunal "B" Bench, Chennai, dated July 10, 2003, in I. T. A. No. 415/Mds/1996 by formulating the following question of law: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in deleting the disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contract receipt on the allowable expenditure. Against that order, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), who deleted the disallowance of Rs. 17,31,851 made out of head office expenses and with regard to the addition made of 10 per cent. towards estimated profit on contract receipts, the Commissioner (Appeals) was of the view that it was another form of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly one place the expenditure can be claimed." The Tribunal concluded that the addition was uncalled for. Thus, dismissed the appeal filed by the Revenue, by observing that no interference is called for with the conclusion reached by the Commissioner of Income-tax (Appeals). The correctness of the same is now canvassed before us. 3. We have heard the argument of learned counsel on either side and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opted by the assessee had not been brought before the High Court on reference in the earlier years was of no effect" and answered the question "whether, on the facts and in the circumstances of the case, the Tribunal was right in law in deleting disallowance of Rs. 14,28,410 and Rs. 9,75,653 for the assessment years 1987-88 and 1988-89, respectively, being the overhead expenses attributable to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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