COMMISSIONER OF INCOME TAX Vs. CHEMAUX LTD

JUDGEMENT

(1.) BY this reference under s. 256(1) of the IT Act, 1961 (`the Act'), the Tribunal referred the following question of law to this Court for its opinion :

(2.) ON perusal of the question itself, it is evident that expenditure on repairs and resurfacing of roads cannot be treated as capital expenditure. It is a revenue expenditure. This position is also not disputed by the counsel for the Revenue in view of the decisions of the Supreme Court and this Court. We, therefore, answer the question referred to us in the affirmative, i.e., in favour of the assessee and against the Revenue.