Itta/181/2014 Of The Commissioneor Of Income Tax-I v. Deccan Granites

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 181 of 2014 Date: 13.03.2014 Between: The Commissioner of Income Tax-I,Hyderabad. … Appellant AndDeccan Granites,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 181 of 2014 JUDGMENT:(Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted against thejudgment and order of the learned Tribunal dated 11.12.2009 in relation tothe assessment year 1996-97 on the following suggested questions of law: “1) Whether on the facts and in the circumstances of the case,the Tribunal is correct in law in holding that the provisions ofSection 35E of the Income Tax Act, 1961 are not applicable inrespect of the deferred revenue expenditure? 2) Whether on the facts and in the circumstances of the case,the Tribunal is correct in law in holding that the unabsorbeddepreciation of the earlier year 1989-90 i.e., pre-tax holidayperiod is allowable in respect of assessment year 1996-97? We have heard Mr. Prasad, learned counsel for the appellant,and gone through the impugned judgment and order of the learnedTribunal. The learned Tribunal on fact found that the expenditure incurredafter commencement of the business is revenue expenditure. Therefore,we cannot decide the issue on fact. On the second issue the learnedTribunal on fact found that the payment made through cheque dated02.12.1996 constitutes within the time allowed by the statute i.e., the duedate for filing of the returns. In view of this, we do not find any reason to admit this appeal. The appeal is accordingly dismissed. No order as to costs. Date: 13.03.2014ES ___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J