M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by learned Income Tax Appellate Tribunal, Ahmedabad "C" Bench, Ahmedabad dated 18.01.2016 passed in ITA No. 2516/AHD/2011 for AY 2008-09, the Revenue has preferred present Tax Appeal with the following proposed question of law.

"A. Whether the Appellate Tribunal has erred in law and in facts in deleting the disallowance of Rs. 10,28,028/- being the preliminary expenditure under Section 35D of the Act?

B. Whether the Appellate Tribunal has erred in facts and circumstances in directing the AO to set off prior period expenditure of Rs. 15,25,746/- without considering the merit of the issue?"

2. Heard Ms. Mauna Bhatt, learned counsel for the Revenue and Shri S.N. Soparkar, learned Senior Advocate for the assessee.

3. So far as proposed question No. A is concerned, it is with respect to deletion of disallowance of Rs. 10,28,028/- being preliminary expenditure under Section 35D of the Act. The learned Tribunal has dealt with the same in para 4 and considering the fact that the very expenditure stand accepted in the preceding assessment year and therefore, thereafter it will not be open fo