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TMI Blog2017 (9) TMI 2007X X X X Extracts X X X X X X X X Extracts X X X X ..... n case for assessment year 2007-08. In our view, merely because the Revenue has gone in appeal against the decision of Hon'ble High Court in assessee s own case by which the issue is duly covered in the earlier year, we cannot take the view that the issue is not covered by the decision of Hon'ble High Court. We, therefore, dismiss the ground taken by the Revenue. Consequently, the appeal filed by the Revenue stands dismissed. - SHRI P. K. BANSAL, VICE PRESIDENT AND SHRI GEORGE GEORGE K., JUDICIAL MEMBER For the Appellant : Shri A. Dhanaraj, Sr. D. R. For the Respondent : None ORDER PER P. K. BANSAL, V.P. This appeal has been filed by the Revenue against the order of the CIT(A) dated 28/12/2015 by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es have to be treated as revenue expenditure or capital expenditure. 4. The facts of the case, in brief, are that the Assessing Officer noted that the assessee in computation of his income for the impugned assessment year has reduced a sum of Rs.13,47,75,164/- towards the lease hold improvement from this total income. It was noted that the assessee has capitalized the said expenditure in his books of account and claimed the depreciation as per the Companies Act. When inquired of, the assessee submitted that the assessee has opened various show rooms to sell jewellery during the year in leasehold premises and in this regard expenditure has been incurred for providing false ceiling, partition work, putting up sales counter, show walk for j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer but did not disagree that the issue is not covered by the decision of Hon'ble Jurisdictional High Court in assessee s own case. The only submission of Learned D. R. was that the appeal has been filed as the Revenue has gone in appeal by way of SLP before Hon'ble Supreme Court against the decision of Hon'ble High Court in assessee s own case for assessment year 2007-08. In our view, merely because the Revenue has gone in appeal against the decision of Hon'ble High Court in assessee s own case by which the issue is duly covered in the earlier year, we cannot take the view that the issue is not covered by the decision of Hon'ble High Court. As on date the decision of Hon'ble Jurisdictional High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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