:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.323 OF 2009 APPEAL NO.323 OF 2009 APPEAL NO.323 OF 2009 The Commissioner of Income Tax ..Appellant Vs. Mahindra Auto Specialities Ltd. ..Respondent Mr.J.S.Saluja for Appellant. None for respondent. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. J.P.DEVADHAR,JJ. DATE DATE DATE : 17TH APRIL,2009 : 17TH APRIL,2009 : 17TH APRIL,2009 P.C. P.C. P.C. . Heard learned Counsel for appellant. The Revenue has raised following three questions contending it to be substantial questions of law: a) Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal are justified in law in holding that expenses incurred on Auto Show amounting to Rs.21,19,839/- are in the nature of revenue expenditure and hence allowable as deduction, even though the same were of capital nature and hence disallowable as deduction? b) Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal are justified in law in holding that expenses of Rs.7,84,460/- being market development expenses incurred at places other than Auto Show at Mumbai, are in the nature of revenue expenditure and therefore allowable as deduction, even though the same were of capital nature and hence dissallowable as deduction? c) Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal are justified in law in holding that expenses of Rs.17,97,600/- being research and development expenses constitute a fixed asset of the business, in the nature of Concept Car eligible for depreciation, even though the same were disallowable as capital expenditure? :2: 2. During the course of hearing, we were taken to the impugned order passed by the Tribunal and our attention was drawn to paragraph No.8 of the same. The view taken by the Tribunal is reasonable and possible view and it is based on appreciation of evidence. We do not find any of the questions failing in the category of substantial question of law. The Appeal is, therefore dismissed in limine with no order as to costs. (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (J.P.DEVADHAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)