AMEC FOSTER WHEELER INDIA PRIVATE LIMITED REPRESENTED BY ITS AUTHORISED SIGNATORY VENKATRAMA KATIPALLA Vs. DEPUTY COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Heard Mr.N.V.Balaji, learned counsel for the petitioner and Mrs.Hema Muralikrishnan, learned standing counsel for the respondent/Department.

(2.) The petitioner has filed the writ petition challenging the proceedings of the respondent dated 23.05.2017, by which the respondent held that expenses towards the issue of improvement in leasehold premises to the tune of Rs.2,75,29,667/- for the assessment year 2009-2010 is treated as capital in nature as against the claim of the assessee as revenue expenditure and the income of the assessee company for the assessment year 2009-2010 remains unaltered from giving effect order dated 20.05.2016. The petitioner has filed an appeal before the Income Tax Appellate Tribunal challenging the order passed by the Commissioner of Income Tax (Appeals) dated 09.03.2016.

(3.) As against the very same order, the revenue also preferred an appeal, in which a cross objection was filed by the petitioner/assessee. The Tribunal by its order dated 06.01.2017, remanded the matter with regard to one of the issues for fresh consideration by issuing the following direction: