Madras H.C : Expenditure on replacement of worn out parts of machinery is expenditure of Revenue character, as it was meant to keep the business without break down of machinery and not expenditure incurred for starting a new business.

High Court Of Madras

CIT vs. Thanjavur Textiles Ltd.

Section 256(2)

R. Jayasimha Babu & K. Gnanaprakasam, JJ.
Tax Case Petn. Nos. 5 & 6 of 2000
30th January, 2001

 

Counsel Appeared

T. Ravikumar, for the Petitioner : P.P.S. Janarthana Raja, for the Respondent

JUDGMENT

R. JAYASIMHA BABU, J. :

In the light of the decision of this Court in the case of CIT vs. Sri Hari Mills (P) Ltd. (1999) 237 ITR 188 (Mad), counsel fairly stated that the proposed question will have to be regarded as one which is covered by that decision. It has been held in that case that expenditure on replacement of worn out parts of machinery is expenditure of Revenue character, as it was meant to keep the business without break down of machinery and not expenditure incurred for starting a new business. The tax case petitions are, therefore, dismissed.

[Citation : 253 ITR 138]

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