COMMISSIONER OF INCOME TAX Vs. EAGLE THEATRES

JUDGEMENT

(1.) THE question referred to us for asst. year 1969 -70 is:

(2.) THE Tribunal followed the judgements of the Allahabad High Court reported as CIT, U. P. vs. Atherton Western Co. Ltd. (1971) 82 ITR 352 (All), Patna High Court CIT, Bihar and Orissa vs. Dehri Rohtas Light Railway Co. Ltd. (1964) 51 ITR 300 (Pat), and Bombay High Court New Shorrock Spinning and Munufacturing Co. Ltd. vs. CIT, Bombay North (1956) 30 ITR 338 (Bom), wherein there were similar cases of replacement of worn out fittings. Another case referred was CIT, Lucknow vs. Kanodia Cold Storage (1975) 100 ITR 155 (All).

(3.) WE would accordingly answer the question referred to us in the affirmative to favour of the assessee and against the Department, but we leave the parties to bear their own costs.