CIT IV v. Hcl Comnet Ltd
[Citation -2015-LL-0413-32]

Citation 2015-LL-0413-32
Appellant Name CIT IV
Respondent Name Hcl Comnet Ltd
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 13/04/2015
Judgment View Judgment
Keyword Tags plant and machinery • expenses incurred • tax effect
Bot Summary: The Income Tax Appellate Tribunal by its impugned order dealt with the assessee s grievance in respect of its claim for allowing certain expenses of revenue nature incurred on leasehold premises. The CIT(Appeals) classified expenses incurred broadly into two categories. Firstly the emphasis were falling in block of plant and machinery, amounting to 38, 75,866/-. The second category concerns leasehold expenses Explanation 1 to Section 32(1). The assessee s appeal to the ITAT was accepted in respect of the latter; the ITAT however confirmed the findings of the CIT in respect of the former category. We are informed that after giving effect to the ITAT s order, the amount works out to 5,19,732/-. 3/2011) which states that the revenue s appeals are maintainable only if the tax effect exceeds 10 lakhs.


IN HIGH COURT OF DELHI AT NEW DELHI + ITA 467/2013 CIT IV ..... Appellant Through: Mr.Kamal Sawhney, Adv. versus HCL COMNET LTD ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA ORDER % 13.04.2015 1. Income Tax Appellate Tribunal (hereinafter referred to as ITAT ) by its impugned order dealt with assessee s grievance in respect of its claim for allowing certain expenses of revenue nature incurred on leasehold premises. CIT(Appeals) classified expenses incurred broadly into two categories. Firstly emphasis were falling in block of plant and machinery, amounting to 38, 75,866/-. second category concerns leasehold expenses Explanation 1 to Section 32(1). assessee s appeal to ITAT was accepted in respect of latter; ITAT however confirmed findings of CIT (Appeals) in respect of former category. 2. We are informed that after giving effect to ITAT s order, amount works out to 5,19,732/-. Having regard to circumstances, we are of opinion that appeal is not maintainable in view of prevailing instruction of CBDT dated 9.02.2011(No. 3/2011) which states that revenue s appeals are maintainable only if tax effect exceeds 10 lakhs. 3. appeal is accordingly dismissed. S. RAVINDRA BHAT, J R.K.GAUBA, J CIT IV v. Hcl Comnet Ltd
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