The Commissioner Of Income Tax-1 v. M/S.national Organic Chemical Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO. 1791 OF 2011 The Commissioner of Income Tax-1Versus M/s.National Organic Chemical Industries Ltd. .. Appellant .. Respondent Mr.Vimal Gupta, Sr.Advocate with Ms.Padma Divakar for the Appellant Mr.Ajit Shah with Mr.Srihari Iyer for the Respondent. CORAM : J.P.DEVADHAR &M.S.SANKLECHA, J.J. DATE : 11[th] FEBRUARY, 2013. P.C. In this appeal by the Revenue, the following questions have been raised for consideration. (A)Whether, on the facts and in the circumstance of the case and in law, the Tribunal was justified in allowing expenditure on consultancy and advisory fees amounting to Rs.37,39,750/- for modernization project as revenue expenditure being payment made to various persons during the year for modernization project even though such expenditure was clearly capital in nature ? 2.The Counsel for the parties states that similar question was raised by the Revenue in Assessee's own case being I.T.A.No.548 of 2011, was dismissed by order dated 5[th] November, 2012. In the above view of the matter, for the reasons indicated in order dated 5[th] November, 2012, we do not see any reason to entertain the proposed question of law. 3.Accordingly, appeal is dismissed with no order as to costs (M.S.SANKLECHA,J.) (J.P.DEVADHAR, J.)