The Commissioner Of Income-Tax-5 v. M/S Essar Oil Ltd

IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 3160 OF 2010 The Commissioner of Income-tax-5 Vs. M/s Essar Oil Ltd ..Appellant. .. Respondent. Mr.Suresh Kumar, for the Appellant. Mr. P.J.pardiwala, Sr. Counsel with Atul K Jasani, for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 07[th] July,2011. P.C. 1. Heard. 2. Three questions of law are raised by the revenue in this appeal: (i)Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal is right in directing the A.O to allow the assessee's claim of expenditure incurred on oil and gas fields of Rs.62,69,042/- as revenue expenditure without appreciating the fact that the same are in the nature of preliminary expenses and not related to the business activity of the assessee? (ii)Whether on the facts and in the circumstances of the case and in law, the Hon'ble Tribunal is right in directing the A O to allow the assessee's claim of depreciation without appreciating the fact that the depreciation has to be worked out on the revised WDV of this year? (iii)Whether on the facts and circumstances of the case and in law, the Hon'ble Tribunal is right in directing the A.O to exclude the profits from Oman branch and Qatar branch without appreciating the fact that the assessee is a resident of India and has to be taxed on its entire income in India as per section 5(1) of the I.T.Act? 3.As regards question (i) is concerned, counsel for the parties state that similar question raised by the revenue in assessee's own case, being Tax Appeal (L) No.921 of 2006, has been rejected by this court vide order dated 16.10.2008. In this view of the matter, the first question cannot be entertained.4.As regards question (ii) is concerned, the dispute relates to allowing depreciation on the written down value of assets taken over from Essar Gujrat Ltd in A.Y. 1993-94. It appears that there was some dispute regarding the written down value of the assets in A.Y.1993-94. The Tribunal in A.Y.1993-94 in ITA No.3041/Mum/96 held that the written down value as claimed by the assessee has to be accepted. Accordingly, depreciation has been allowed by following the decision of the Tribunal for A.Y.1993-94. In these circumstances no fault can be found in the order of ITAT. Accordingly the second question cannot be entertained. 5.As regards question (iii) is concerned, counsel for the parties state that similar question raised by the revenue in the assessee's own case being Tax Appeal No.135 of 2008 has been rejected by this court vide order dated 16.10.2008. In this view of the matter, the third question cannot be entertained. 6.Accordingly, the appeal is dismissed. (J.P. DEVADHAR, J.)