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2002 (3) TMI 13 - HC - Income TaxCurrent Repairs, Appeal To High Court - "1. Whether, on the facts and in the circumstances of the case could the expenditure incurred on replacing the power panel be considered as current repairs entitled to deduction under section 31 of the Income-tax Act? - 2. Whether, on the facts and in the circumstances of the case is not the expenditure of Rs.11,11,600 incurred on replacement of electric control panel a capital expenditure?" - however, as the question was not examined by the Tribunal the matter should be remitted for fresh consideration by the Tribunal to examine whether the claim of deduction of Rs.11,11,600 can be claimed under section 31(i) of the Income-tax Act as a revenue expenditure as contemplated under section 37 of the Act. For this purpose alone, the matter is remitted back to the Tribunal for fresh disposal. Besides the second question raised by the appellant in this appeal is as follows: -"Whether, on the facts and in the circumstances of the case is not the expenditure of Rs.11,11,600 incurred on replacement of electric control panel a capital expenditure?" - The present direction answers the issue as well. As such it will not spring any surprise on the Revenue as well. The Tribunal is directed to consider the second question of law formulated by the Revenue in this appeal afresh and in accordance with law.
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