1998 (2) TMI 44

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..... tion has been referred for our decision at the instance of the Revenue : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the extra expenditure of Rs. 70,000 incurred by the assessee in replacing an old ceiling made of hardboard set on wooden frames with thermostat wood insulation board set in aluminium frames should be allowed as a re .....

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..... re, as no new asset had been created and no enduring benefit derived from that work. While the expenditure incurred in bringing a building into existence is undoubtedly capital in nature, the repairs and replacements to portions of the building for the continued enjoyment of that building is not capital expenditure. The fact that new material has to be used while replacing a worn out or damaged .....

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