The Commissioner Of Income Tax – V, Pune v. Kirloskar Oil Engines Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.980 OF 2009 The Commissioner of Income Tax – V, Pune ..Appellant. Versus Kirloskar Oil Engines Limited ..Respondent. Mr.Vimal Gupta for the appellant.None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 24[th] AUGUST 2009 P.C. : 1.Heard learned counsel for the revenue. The question sought to be raised in this appeal, reads as under : “Whether on the facts and in the circumstances of the case and in law the ITAT was justified in holding that the amount of Rs.5,86,585/- and Rs.30,00,000/- paid to M/s.SEMT, France and M/s.Kirloskar Tractors Limited respectively was allowable as revenue expenditure ? 2.The tribunal has based its finding following earlier order of the tribunal for A.Y. 1984-1985 dated 19-7-1995 and followed the same view even for subsequent A.Y. 1986-1987. 3.Mr.Gupta, learned counsel appearing for the revenue makes a statement, based on the letter of the revenue, that no appeals have been filed by the revenue to challenge the said orders of the tribunal for these two assessment years. 4.In the above view of the matter, since the revenue has accepted the order of the tribunal for A.Ys 1984-1985 and 1986-1987, it is not open for the revenue to challenge the order relating to A.Y. 1985-1986. At any rate, this appeal cannot be entertained for the reasons recorded. No substantial question of law is thus involved in the facts stated herein. 5.The appeal is, thus, dismissed in limine with no order as to costs.