TMI Blog2005 (8) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... ded by the Tribunal are in accordance with law as such the question referred to should be answered in favour of the assessee - - - - - Dated:- 19-8-2005 - Judge(s) : V. C. DAGA., A. S. AGUIAR. JUDGMENT The judgment of the court was delivered by V.C. Daga J.-By this reference under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question of law for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 4/5ths of the total expenditure as of revenue nature and the balance 1/5th was held to be as capital. The Tribunal found that the machinery sought to be purchased was for a new project which was yet to come up. The learned Commissioner's (Appeals) order did not show that the assessee had contended before him that the machinery was proposed to be purchased in connection with the existing line of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law referred for opinion indicated in the opening part of this order, has arisen on the facts enumerated hereinabove. Rival contentions: Learned counsel appearing for the Revenue contends that the finding of fact has been recorded by the Commissioner of Income-tax (Appeals) wherein a categorical finding has been recorded holding that the expenditure on travel of Smt. Patel was liable to be di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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