TMI Blog2009 (4) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... iture was revenue or capital in nature. In the absence of the requisite details regarding the production capacity remaining constant even after replacement, the matter could not be decided on merits and require to be remitted back to the Commissioner (Appeals) - 2110 and 2111 of 2008 - - - Dated:- 24-4-2009 - JUSTICE K. RAVIRAJA PANDIAN and JUSTICE M.M. SUNDRESH Mr. J. Naresh Kumar, for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax vs. Ramaraju Surgical Cotton Mills reported in 294 ITR 328, wherein the Judgment of this Court in Commissioner of Income Tax (Appeals) vs. Janakiram Mills Limited reported in 275 ITR 430 was considered by the Supreme Court with reference to the contention of the assessee that replacement of assets without increasing the production capacity would amount to revenue expenditure. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by the Supreme Court in the aforesaid decision. 4. Hence, the order of the Tribunal is set aside and the matter is remitted back to the Commissioner of Appeals to redo the exercise as directed by the Supreme Court in the case of Commissioner of Income Tax vs. Ramaraju Surgical Cotton Mills reported in 294 ITR 328. With the above observations, the appeals are disposed of. No costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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