Itxa/4310/2009 Of The Commissioner Of Income Tax- 9 Mumbai v. Star Ya Kalakar Com. Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4310 OF 2009 The Commissioner of Income Tax-9 ..Appellant. V/s. M/s. Star Ya Kalakar Com. Ltd. ..Respondent. Mr. Suresh Kumar for appellant.Ms. Aasifa Khan i/b. Satish Mody for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ.DATED : 11TH JANUARY, 2011 P.C. :- 1.The question raised in this appeal is whether the ITAT was right in allowing the set off of income received as talent registration fees against the preoperational expenses. Perusal of the order of the Tribunal, particularly para 3 therein shows that the Tribunal has recorded a finding of fact that some of the expenses claimed by the assessee was revenue in nature and in view of the fact the assessing officer has not doubted the genuineness of the expenses, the Tribunal relying upon the ratio laid down by the Apex Court in the case of CIT V/s. Bokaro Steel Ltd. reported in 236 ITR 315 (SC) allowed set off of income of the assessee against the revenue expenditure and assessed the income as Nil. No fault can be found with the order of the Tribunal. The appeal is, therefore, dismissed with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)