2006 (5) TMI 485

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....INGRA, J. This appeal has been filed against the order of the Tribunal whereby the Tribunal allowed expenditure of Rs. 30,94,337 incurred by the assessee for providing wooden partition, painting, glass work and other petty repairs in the leased premises, as revenue expenditure. The Assessing Officer had disallowed this amount as revenue expenditure and considered it as capital expenditure. CIT(....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....x [Income-Tax Reference No. 36 of 1950 decided by the same Bench on March 30, 1951]. The judgments in these two cases are to be found at pages 46 and 81 of the volume entitled Unreported Income-tax Judgments of the Bombay High Court, published by the Western India Regional Council of the Institute of Chartered Accountants of India, Bombay. In the first of these cases the assessee-company in the pa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rred was not of a capital nature. The principle in David Mills Ltd.'s case was followed in Meyor Mills Ltd.'s case where the amount spent was for oil-painting rather than for white-washing which was done every year." (p. 33) 3. In CIT v. J.K. Industries (P.) Ltd. [1950] 125 ITR 218 (Cal.), the Court has held as under:- "Mr. Sukumar Bhattacheryya relied upon and cited the decision in th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....reated as an asset of an enduring nature. The High Court compared the putting up of such wooden panelling with plastering and painting of walls and held the expenses incurred were of a revenue nature. In the instant case, the assessee's contention that the wooden panelling did not last long and as such were not an enduring asset has been accepted by the Tribunal. This finding of fact has not been ....