2018 (10) TMI 133

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..... e Supreme Court in Commissioner of Income-tax vs. Sri Mangayarkarasi Mills (P.) Ltd.[2009 (7) TMI 17 - SUPREME COURT]. In the light of the said decision, the matter requires to be remanded to CIT (A) to consider as to whether the expenditure incurred by the assessee for replacement of ring frames results in enduring benefit - Tax Case Appeal No. 1188 of 2008 - - - Dated:- 4-9-2018 - Mr. Justice .....

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..... s printed in the cause list, none appears for the respondent. 4.The short question which falls for consideration is whether the expenditure incurred by the assessee for replacement of ring frames in spinning mill is to be treated as revenue expenditure or capital expenditure. The Assessing Officer, vide order dated 26.03.1998, while completing the assessment under Section 143(3) of the Income T .....

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..... n enduring benefit, bearing in mind the decision in Sri Mangayarkarasi Mills (P) Ltd. (supra). 6.For the above reasons, the appeal filed by the Revenue is allowed and the impugned order passed by the Tribunal is set aside and the matter is remanded to the Commissioner of Income-tax (Appeals) for fresh consideration on the issue and while doing so, to take note of the decision of the Hon'b .....

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