Itxa/777/2012 Of Commissioner Of Income Tax - 1 v. M/S. National Organic Chemical Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.777 OF 2012 Commissioner of Income Tax-1..Appellant.V/s.M/s. National Organic Chemical Industries Ltd...Respondent. Mr. Suresh Kumar, for the Appellant.Mr. Ajit Shah with Mr. S. M. Iyer, for the Respondent. P.C:- CORAM: J.P.DEVADHAR & M.S.SANKLECHA,JJ.DATE : 12[th] MARCH, 2013. In this Appeal by the Revenue for the Assessment Year 2001-02, following question has been raised for our consideration:- Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in allowing expenditure of Rs.38,89,424/- being consultancy and advisory fees paid to various persons during the year for modernization of project as deduction even though such expenditure was clearly capital in nature? 2Counsel for the parties are agreed that an identical issue was raised by the Revenue in Income Tax Appeal No. 2441 of 2011 filed against the same Respondent-Assessee. This Court by its order dated 7[th ]March, 2013 in Income Tax Appeal No.2441 of 2011 refused to entertain the above question. 3In these circumstances, we see no reason to entertain the proposed question of law. 4Accordingly, appeal is dismissed with no order as to costs. (M.S.SANKLECHA,J.) (J.P.DEVADHAR,J.)