COMMISSIONER OF INCOME TAX vs. NOBLE RESOURCES & TRADING PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 1074/2010 . COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Abhishek Maratha, Advocate with Ms. Anshul Sharma, Advocate. . versus . . NOBLE RESOURCES and TRADING PVT LTD ..... Respondent Through: None. . . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 10.08.2010 CM No. 13668/2010 (exemption) Allowed, subject to all just exceptions. Accordingly, application stands disposed of. CM No 13669/2010 This is an application for condonation of delay of 51 days in re-filing the appeal. . ITA 1074/2010 page 1 of 3. . . We have heard learned counsel for the appellant. Regard being had to the averments, we are of the considered opinion that sufficient cause exists for condonation of delay and, accordingly, is so ordered. The application stands disposed of. ITA 1074/2010 Heard Mr. Abhishek Maratha, learned counsel appearing for revenue on the question of admission. In course of hearing of this appeal for the purpose of admission, learned counsel for the revenue submitted the real question that arises for consideration and deserves to be formulated as substantial question of law pertains to renovation which has been treated as a revenue expenditure by the tribunal and not as capital expenditure. In view of the aforesaid, we are inclined to formulate the following substantial question of law: 1. Whether the Income Tax Appellate Tribunal, in the facts and circumstances of the case is justified in treating the amount to have been expended for renovation work despite the evidence brought on . ITA 1074/2010 page 2 of 3. . . . . that the same related to structural changes and has enduring effect and hence, comes within the purview of the capital expenditure? . Issue notice. . Filing of paper book stands dispensed with. . . CHIEF JUSTICE . . MANMOHAN, J AUGUST 10, 2010 js . . . . . . . . . . . . . . . . . . . . . . ITA 1074/2010 page 3 of 3. . . . . 14 $