LAWS(P&H)-2010-3-183

COMMISSIONER OF INCOME TAX Vs. LAKHANI RUBBER WORKS

Decided On March 30, 2010
COMMISSIONER OF INCOME TAX Appellant
V/S
Lakhani Rubber Works Respondents

JUDGEMENT

(1.) The instant petition filed by the Revenue under Section 260A of the IT Act, 1961 is directed against order dt. 10th Dec, 2008 passed by the Income-tax Appellate Tribunal, Delhi Bench 'D', Delhi (for brevity 'the Tribunal') in ITA No. 1295/Del/2007 in respect of the asst. yr. 2003-04.

(2.) The Revenue has claimed the following three questions:

(3.) Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in law in confirming the order of the learned CIT(A) in deleting the addition of Rs. 1,22,964 made by the AO on account of expenditure incurred in connection with load extension (P&E) and purchase of distribution panel (R&M) even though the benefits flowing from extension of load and replacement of old panel were of enduring nature, therefore, the same were capitalised?