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2017 (12) TMI 1608 - HC - Income TaxDisallowance of expenses claimed towards repairs and maintenance - CIT(Appeals) set aside the additions holding that the expenditure fell entirely in the Revenue stream even by upholding part of the expenditure in respect of the Assessment Year 2006-2007 - ITAT set aside even the amounts that were brought to tax by the CIT (A) - Held that:- This Court is of the opinion that the ITAT’s finding on this aspect cannot be faulted. The Supreme Court in Alembic Chemical Works Company Limited, CIT [1989 (3) TMI 5 - SUPREME COURT] enunciates the principles that having regard to the very similitude of the business and commercial activities, it is difficult to characterize a pigeon hole expenditure as either capital or Revenue merely on the basis of the broad description. This Court is of the opinion that the ITAT conducted a proper analysis of the case law including the facts in the case and arrived at the correct conclusion that the expenditure is essentially within and not capital in nature. As far as the question of law on the other two heads is sought, the Court noticed that it is entirely based on the factual analysis. The findings of the Lower Appellate Authorities are consistent and do not call for interference.
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