Itxa/5450/2010 Of The Commissioner Of Income Tax -6 Mumbai v. Basf India Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION The Commissioner of Income-tax-, ... Appellant. M/s.BASF India Ltd.... Respondent. Ms.Padma Divakar for the appellant. P.C. : Heard. Office objections are over-ruled. Appeal is taken up for hearing at the request of the appellant. 2.The question sought to be raised in this appeal is whether dismantling of a factory building while closing the plant was a revenue expenditure. The Tribunal has categorically recorded finding that as per the terms of the agreement while surrendering the land the assessee- Company was required to remove all buildings or structures erected on the said land or part thereof. Thus, dismantling was done in order to fulfill the terms of the agreement for surrendering the rented premises in terms of the agreement. Under these circumstances, the view taken by the Tribunal is a reasonable and possible view. No fault can be found with the impugned order. No substantial question of law is involved in the appeal. Appeal is dismissed in limine with no order as to costs.