1 ITXA4122.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION KJ INCOME TAX APPEAL NO.4122 OF 2009 Commissioner of Income Tax -5 )..Appellant Vs. Piramyd Retail & Merchandising Pvt. Ltd., )..Respondents ---- Mr. Suresh Kumar for the appellant. None for the respondents. ---- CORAM : J. P .DEVADHAR & MRS.MRIDULA BHATKAR,JJ DATE : 10/1/2011. PC 1 A short question raised in this appeal is whether the Tribunal was justified in holding that the expenditure incurred by the Assessee was a revenue expenditure. The Tribunal in paragraph-3 of its Judgment has recorded a finding of fact that the expenditure incurred by the assessee in opening its 3rd mega store at Nagpur was for expansion of its existing business. The Tribunal has 2 ITXA4122.09.sxw recorded a finding of fact that the details of expenditure furnished by the assessee clearly established that the expenditure was a revenue expenditure. The decision of the Tribunal is based on finding of fact. No question of law arises out of order of the Tribunal. Appeal is dismissed. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)