TMI Blog2002 (9) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... f certain export obligation based on director's order dated November 20, 1989 ? - This first question is answered against the assessee, and in favour of the Revenue. - 2. Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in confirming the replacement expenditure on certain machines as on the capital field and not on the revenue field ?" – The mere fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ased on director's order dated November 20, 1989 ? 2. Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in confirming the replacement expenditure on certain machines as on the capital field and not on the revenue field ?" Regarding the first question, the finding of the Tribunal is that the amount claimed does not relate to the current assessment year. On th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were to be attached to the existing machines and was meant to improve the quality of what was being done with the aid of the existing machines. The mere fact that the work performed by these two machines was earlier done manually would not make these items of machinery fall outside the revenue field. Hence, the second question is answered against the Revenue, and in favour of the assessee. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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