COMMISSIONER OF INCOME TAX Vs. M G MOTORS

JUDGEMENT

(1.) The present appeal has been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "Act") challenging the order dated 07th August, 2009 passed by the Income Tax Appellate Tribunal (in short "Tribunal") in ITA No. 1127/Del/2005 for the Assessment Year 1997-1998.

(2.) Briefly stated the relevant facts of the present case are that on 06th March, 2000, the respondent-assessee's assessment after scrutiny was completed. However, during the course of proceedings under Section 263 of the Act for the assessment year 1999-2000, it was noticed that the respondent-assessee had claimed expenditure of 15,36,395/- under the heading "partners training expenses". Out of the said expenditure, 10,46,391/- was claimed in the assessment year 1997-1998. Consequently, on 30th November, 2004, notice under Section 148 of the Act was issued to the respondent-assessee.

(3.) In proceedings under Section 148 of the Act, the said expenditure was disallowed. Even the appeal filed by the respondent-assessee before the Commissioner of Income Tax (Appeals) [in short, "CIT(A)"] was dismissed.