D.b. Income Tax Appeal v. Rajasthan State Mines & Minerals Ltd., C-89-90, Lal Kothi Scheme,Jaipur

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 315 / 2017 Principal Commissioner of Income Tax-II, New Central Revenue Building, Statue Circle, Jaipur (Raj.) ----Appellant Versus Rajasthan State Mines & Minerals Ltd., C-89-90, Lal Kothi Scheme,Jaipur. ----Respondent_____________________________________________________ For Appellant(s) : Mr. Anuroop Singhi with Mr. Aditya VijayFor Respondent(s) : Mr. Sanjay Jhanwar with Ms. Archana _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERIHON'BLE MR. JUSTICE VIJAY KUMAR VYASJudgment 13/12/2017 1. By way of this appeal, the appellant has assailed thejudgment and order of the tribunal whereby tribunal has partlyallowed the appeal of the assessee as well as the department. 2.This court while admitting the appeal on 28.11.2017 framedfollowing substantial question of law:- “Whether on the facts and circumstancesof the case and in law, the tribunal isjustified in allowing reduction ofRs.5,79,10,137/- claimed by the assesseeon account of written back excessamortization, moreso when the issue ofdisallowance in earlier years not attainedfinality.” 3.In view of the decision taken by us today in the case of sameassessee in ITA No.146/2016 where on first issue regarding Section 37, the expenses which are made are of capital nature,therefore, it cannot be taken as revenue expenditure. 4.In that view of the matter, the issue is required to beanswered in favour of the department and against the assessee. 5.However, we make it clear that in view of the decision in ITANo.146/2016 where we have allowed the depreciation to theassessee, the same benefit will be granted to him by theAssessing Officer. 6.The appeal stands accordingly disposed of. (VIJAY KUMAR VYAS), J. (K.S. JHAVERI), J. bmg 102.