2012 (3) TMI 723

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..... , CA. ORDER PER G.D.AGRAWAL, VP : This appeal by the Revenue is filed against the order of learned CIT(A)-XV, New Delhi dated 24th October, 2010 for the AY 2008-09. 2. The only ground raised by the Revenue in this appeal reads as under:- Whether ld.CIT(A) was correct on facts and circumstances of the case and in law in deleting the disallowance of Rs.70,09,183/- on account .....

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..... er, 2010 (supra) rendered in assessee s own case. In the said order of the Tribunal, Delhi C Bench has followed the decision of Hon ble Jurisdictional High Court dated 3rd September, 2009 in ITA No.837 of 2009 in the case of CIT Vs. Sarda Motor Industrial Ltd. We reproduce the relevant extract of the aforesaid Tribunal order as follows:- 7.2 From the above, it is very clear that assessee ha .....

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..... as capital expenditure. The case law relied upon by the revenue are not applicable to the facts of the present case. Hence, respectfully following the precedent from the decision of the Hon ble Jurisdictional High Court cited above, we set aside the order of the authorities below on this issue and decide the issue in favour of the assessee. 6. In view of the above position, we uphold the imp .....

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