COMMISSIONER OF INCOME TAX Vs. MADRAS FERTILIZERS LIMITED

JUDGEMENT

(1.) AT the instance of the Revenue, the following questions of law have been referred to us for our consideration in respect of the assessment year 1977-78 :

(2.) THE assessee is a company and during the course of its assessment proceedings for the assessment year 1977-78 claimed the capitalisation of pre-production expenses, depreciation on roads and bridges on the ground that they were out of the buildings which form part of the factory premises and also claimed certain deduction under Section 35D of the Income-tax Act, the advertisement expenses. THE Tribunal, in the appeal allowed all the claims so made by the assessee. That view of the Tribunal has been challenged by the Revenue and at the instance of the Revenue the three questions referred to above have been referred to us.