TMI Blog1994 (2) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... e to income-tax. The Revenue prays that the following question formulated in paragraph 1 of the petition may be directed to be referred to this court by the Income-tax Appellate Tribunal, Patna Bench, Patna : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in affirming the order of the Commissioner of Income-tax (Appeals), whereby it a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom M. V. (bridge) and it was at best a revenue expenditure and so the said amount of Rs. 2,96,682 should be allowed as revenue expenditure. In appeal, at the instance of the Revenue, the Income-tax Appellate Tribunal, by order dated November 15, 1991, took the view that the two gear boxes fitted on L. C. T. M. V. (bridge) was to make it more efficient and for earning more income and it did not am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formulated in paragraph 1 of this application. We heard learned counsel for the applicant. The Commissioner of Income-tax as also the Appellate Tribunal held that fitting of L. C. T. M. V. (bridge) with two gear boxes had rendered the machine more efficient, for earning more income and it is not a case where it resulted in an enduring benefit to the assessee. On a fair reading of the order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resulted in earning more income. In the light of the aforesaid finding, the expenditure can only be a revenue expenditure. We are of the view that no referable question of law arises out of the appellate order of the Income-tax Appellate Tribunal, Patna Bench, Patna. Accordingly, we dismiss the petition filed by the Revenue under section 256(2) of the Income-tax Act. There shall be no order as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
