COMMISSIONER OF INCOME TAX Vs. KIRLOSKAR BROTHERS LIMITED

JUDGEMENT

(1.) THE reference raises, at the instance of the Revenue, four questions which read thus:

(2.) IT is common ground that the first two questions must be answered, having regard to this Court's judgment in the assessee's own case in CIT vs. Kirloskar Bros. Ltd. (1983) 37 CTR (Bom) 12 : (1990) 181 ITR 527 (Bom) (Appendix) (infra) thus: The payments made by the assessee to M/s Sulzer Freres of Switzerland and M/s Bullard and Co. of U. S. A. were revenue expenditure. These two questions are so answered.

(3.) AS this is basically a question of fact, we reproduce the Tribunal's findings: