TMI Blog2009 (12) TMI 695X X X X Extracts X X X X X X X X Extracts X X X X ..... s as capital and hence, it does not amount to furnishing of inaccurate particulars of income. This issue was of debatable nature and two views are equally probable. Decided in favor of the assessee. - ITA NO. 1971/DELHI/2009 - - - Dated:- 4-12-2009 - A. K. Garodia, J. Order A. K. Garodia (Accountant Member).- This is the Revenue's appeal directed against the order of the learned Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital in nature. One addition is of Rs. 3,28,496 out of repairs of plant and machinery expenses, and the second addition is of Rs. 2,51,890 out of expenses on repairs and maintenance of building. These two additions were made by the Assessing Officer by treating part expenses of repair as capital in nature and the net amount was added after allowing depreciation. The Assessing Officer also initiat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer by treating part of repairs to building and plant and machinery expenses as capital and hence, it does not amount to furnishing of inaccurate particulars of income. It is also observed by him that this issue was of debatable nature and two views are equally probable and after making these observations, the learned Commissioner of Income-tax (Appeals) has deleted the penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that these expenses were in the nature of normal upkeep and maintenance. It was also submitted before the learned Commissioner of Income-tax (Appeals) that because of small amount involved, the assessee did not file quantum appeal but penalty is not justi- fied. Considering all these facts, we find no reason to interfere in the order of the learned Commissioner of Income-tax (Appeals) and hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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