2009 (4) TMI 399

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....ment of the court was delivered by 1. K. RAVIRAJA PANDIAN J. - The assessee by formulating the following questions of law canvassed the correctness of the order of the Tribunal dated July 2, 2008, made in I. T. A. No. 13 of 2005 relating to the assess ment year 2000-01. "1. Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal is right in upholding the order o....

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....public limited company engaged in the business of manufacture and sale of cotton yarns. For the assessment year 2000-01, the assessee-company filed return of income on November 29, 2000, admitting a total income of Rs. 84,05,000 under the normal computation and Rs. 1,35,23,360 as book profit under section 115JA. The return of income was assessed under section 143(1) on November 27, 2000. The Asses....

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....he matter back to the Commissioner of Income-tax (Appeals) for reconsideration of the issue as to whether replacement of the machinery can be regarded as revenue expenditure or capital expenditure in terms of the law laid down by the apex court in the case of CIT v. Ramaraju Surgical Cotton Mills [2007J 294 ITR 328 (SC) and considered the next issue as to the reopening and held that the ingredient....

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....sideration because on the merits it was the stand of the assessee before the Tribunal that the matter required to be reconsidered by the Commissioner of Income-tax (Appeals). In order to be very specific, paragraph 6 of the order of the Tribunal is reproduced here: "6. In the facts of the present case also we find that the relevant details were not made available. As such the different tests to....