Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

1980 (1) TMI 144

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g Machines should beneficiary allowed to beneficiary taken as a revenue expenditure in computing the total income for the asst. yr. 1975-76 corresponding to the previous year ended 31st March, 1975. 2. The ITO found that the Dust Extraction Units consisted of electric motors, fans, dust chamber and suction pipes which were attached to the Carding Machines for the purpose of collecting the fluff w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nce these machines were not independent shifts but were only accessories the assessee did not derive any enduring benefit. The assessee also relied upon the decision of the Madras High Court in the case of CIT, Madras vs. Mahalakshmi Textile Mills Ltd (1). The CIT (A), however, found that though they were attached to the Carding Machines they were independent devices and since they did not replace....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arding Machines and this expenditure therefore actually replaced acquisition expenditure on manual cleaning which was the Revenue expenditure. In addition it was submitted that this reduced the health hazard by inhalation of the fluff as well as other hazards in manual cleaning and the expenditure should therefore beneficiary allowed as having been incurred for the welfare of the workers and safe ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lowing the claim of the assessee. 6. On a careful consideration of the rival submissions we are of the opinion that the assessee is entitled to succeed. Undisputedly the machines in question were accessories to the Carding Machines. They have been designed to extract the dust arising out of the operation of the Carding Machines and could therefore be operated only in conjunction with the Carding ....