SRIKANTIAH B Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE following question is referred for the opinion of this court under Section 60(1) of the Indian Income Tax Act by the Income Tax Appellate Tribunal, Hyderabad Bench:

(2.) THIS point, though a short one, is by no means a simple one. Before we consider the various aspects of the controversy, it is necessary to state the facts which lie in a very short compass. The assessee runs a bus service. In the account year, he spent Rs. 21,855/- in replacing the petrol engines of the buses by diesel engines, as the former were worn out beyond repair. The cost of the two new diesel engines was Rs. 17,415/-. In computing the income from the bus-service the assessee claimed a deduction of Rs. 21,855/-under Sections 10(2)(v), 10(2)(xv), 10(2)(vi), and 10 (X2)(vi-a), the last claim bearing on the initial and additional depreciation, aggregating Rupees 17,413,,

(3.) HOWEVER, at the request of the assessee, the Tribunal referred the question cited above.