LAWS(MAD)-2002-11-151

COMMISSIONER OF INCOME TAX Vs. THANJAVUR TEXTILES LTD

Decided On November 12, 2002
COMMISSIONER OF INCOME-TAX Appellant
V/S
THANJAVUR TEXTILES LTD Respondents

JUDGEMENT

(1.) In compliance with the directions of this Court in T.C.P.No.434 of 1996, by order dated 5.3.1997, the Income-tax Appellate Tribunal (hereinafter referred to as 'the Appellate Tribunal') has stated a case and referred the following questions of law for our consideration:

(2.) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the assessee's claim to the tune of Rs.3,01,50,036/- towards replacement of several items of machinery as revenue in nature?

(3.) Whether on the facts and in the circumstances of the case the Tribunal was right in its conclusion that the expenditure of Rs.2,78,769/- being cost of electrical yarn cleaners is to be allowed as revenue expenditure and not treated as capital expenditure?