ITA No.369 of 2010 [1] 307-4 IN HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA No.369 of 2010 Date of Decision: 25.02.2020 Commissioner of Income Tax-1, Chandigarh Appellant Versus M/s Punjab Small Industries & Export Corporation Ltd., Chandigarh Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. Yogesh Putney, Advocate for appellant. Mr. Alok Mittal, Advocate for respondent. AJAY TEWARI, J. (Oral) [1] This appeal has been filed under Section 260A of Income Tax Act, 1961 against order dated 30.07.2009 of Income Tax Appellate Tribunal, Chandigarh passed in ITA No.627/Chandi/2009 for assessment year 2004-05. [2] Following question of law is claimed:- Whether on facts and in circumstances of case, ITAT was right in law in upholding order of CIT(A) that expenditure incurred in Maintenance of focal points and development expenditure over and above estimate was revenue expenditure . [3] dispute was as to whether expenditure for maintenance of focal points was revenue in nature or not. assessing officer held expenditure to be capital in nature and granted 10% depreciation. Commissioner of Income Tax (CIT) reversed order and held expenditure to be revenue in nature. order of CIT was upheld by Tribunal. With passage of time, dispute as to whether expenditure was revenue or capital in nature has become revenue neutral as even if it is capital in nature by claiming depreciation, no tax effect is left. [4] In circumstances, appeal stands disposed of keeping questions of law open. [5] Since appeal is disposed of, pending application, if any, also stands disposed of. [AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE February 25, 2020 pankaj baweja 1. Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No Commissioner of Income-tax-1, Chandigarh v. Punjab Small Industries & Export Corporation Ltd