Priya Soparkar v. Cit In 330 Itr (1) (Sc)?”

Priya Soparkar 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.197 OF 2017 Pr. Commissioner of Income-Tax-15 … Appellant V/s. M/s Reliance Home Store Ltd.… Respondent --- Mr.Suresh Kumar for the Appellant. Mr.P.C.Tripathi i/by Mr.Raj B. Darak for the Respondent. --- CORAM : AKIL KURESHI AND S.J.KATHAWALLA, JJ. DATE : JUNE 03, 2019. P.C.:- 1.This appeal is filed by the revenue to challenge the judgment of the Income Tax Appellate Tribunal (“Tribunal” forshort). Following questions are presented for our consideration:- “(i)Whether on the facts and in the circumstancesof the case and in law, the Tribunal has erred indeleting disallowance in respect to expenses incurredin the preoperative period towards the projectdevelopment cost when the claim of the assessee isof dual nature that is in the books of accountsclaiming it as capital expenditure and for the taxationas revenue expenditure? (ii)Whether on the facts and in the circumstancesof the case and in law, whether the Tribunal wasjustified in allowing the expenses incurred u/s 37(1) of the Act without appreciating that admittedly andalso as accounted by assessee in its books of account,the expenses were preoperative in nature and hencenot admissible as expenditure u/s 37(1) of the Actthereby allowing the assessee undue benefit andinadmissible benefit u/s 37(1) of the Act, giving riseto a substantial question of law as envisaged by theHon’ble Supreme Court in the case of Vijay KumarTalwar vs. CIT in 330 ITR (1) (SC)?” 2.Perusal of the impugned judgment of the Tribunal wouldshow that in order to delete the disallowance, the Tribunal hadrelied upon its own judgment in case of this very assessee forthe earlier assessment years. The revenue had carried the issue inappeal before the High Court in Income Tax Appeal No.892 of2014 and Income Tax Appeal No.947 of 2016. These appealswere dismissed by orders dated 5[th] July, 2017 and 21[st] January2019 respectively. No question of law therefore arises. IncomeTax Appeal is dismissed. (S.J.KATHAWALLA, J.) (AKIL KURESHI, J.) ….