JUDGMENT

Rajiv Shakdher, J. - Admit.

2. The following substantial questions of law are framed for consideration by this Court:

(i) Whether the Income Tax Appellate Tribunal [in short 'Tribunal'] erred in deleting the addition made qua pre-operative expenses by holding that the expenses incurred, in that behalf, were legitimate business expenditure?

(ii) Whether in the facts and circumstances of the case, the Tribunal was justified in deleting the addition made qua advertising expenses by failing to consider the fact that these expenses were incurred to build goodwill, which is, a capital asset?

3. With the consent of counsel for parties, the appeal is taken up for hearing and final disposal.

4. In order to adjudicate upon the questions of law framed above, it would be necessary to sketch out the broad contours of the case.

4.1. These questions of law concern the assessment year [in short 'AY'] 2010-2011. The assessee had filed its return on 27.09.2010, wherein it had declared a loss of Rs.7,83,71,011/-. The return filed by the assessee was processed under Section 143(1) of the Income Tax Act, 1961 (in short 'the Act'). Unfortunately, for the assessee, its case was picked up for scrutiny