Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Replacement expenditure on machinery could not be treated as current repairs merely because the Tribunal relied on a precedent later reversed by the Supreme Court. In a textile mill, each machine is an independent asset, so replacement does not automatically amount to preservation or maintenance of a single composite machine. The assessee had to satisfy the Supreme Court's test for current repairs, including the principles in Mahalakshmi Textile Mills, but the Tribunal had not undertaken that examination. The issue whether the expenditure was revenue or capital was therefore remitted to the appellate authority for fresh adjudication after allowing the assessee to place the necessary material.
Replacement expenditure on machinery could not be treated as current repairs merely because the Tribunal relied on a precedent later reversed by the Supreme Court. In a textile mill, each machine is an independent asset, so replacement does not automatically amount to preservation or maintenance of a single composite machine. The assessee had to satisfy the Supreme Court's test for current repairs, including the principles in Mahalakshmi Textile Mills, but the Tribunal had not undertaken that examination. The issue whether the expenditure was revenue or capital was therefore remitted to the appellate authority for fresh adjudication after allowing the assessee to place the necessary material.
Note: It is a system-generated summary and is for quick reference only.