2023 (10) TMI 514

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..... g regard to the judgment rendered in [ 2023 (10) TMI 467 - DELHI HIGH COURT ] the instant appeal is disposed of with the following directions, as the view taken in the said appeal will apply mutatis mutandis to the instant case as well: Appellant/assessee will be entitled to claim the deduction, as, in our opinion, it is in the nature of revenue expenditure as incurred on payment of fees to GEL .....

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..... is concerned, framed the following substantial questions of law: (1) Whether the finding of the Income Tax Appellate Tribunal that the renovation and repair expenses, partly capitalized in the books of account of the Assessee is not the revenue expenditure admissible under Section 37 of the Income Tax Act, 1961 is correct? (2) Whether the Income Tax Appellate Tribunal is correct in la .....

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..... 5. We may note that the Assessing Officer (AO) via the assessment order had inter alia, disallowed Rs.11,00,000/- paid by the appellant/assessee as a professional/technical fee to GEL. 5.1 In an appeal filed by the appellant/assessee, Commissioner of Income Tax (Appeals) [in short, CIT(A) ] via order dated 31.10.1994 upheld the AO s order. 6. In an appeal filed by the appellant/assessee, t .....

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