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2009 (4) TMI 51 - HC - Income TaxWhether Tribunal was right in allowing a deduction of the amounts spent in replacement of machinery as revenue expenditure- Whether replacement of independent complete machinery can be treated as revenue expenditure - Whether Tribunal was right in deciding the issue without going into the concept of Block of asset – there are a number of tests which are required to be considered while deciding whether the expenditure was revenue or capital in nature. In the absence of the requisite details regarding the production capacity remaining constant even after replacement, the matter could not be decided on merits and require to be remitted back to the Commissioner (Appeals)
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