2010 (7) TMI 1044

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....ndent : Shri K. Ravi ORDER PER ABRAHAM P. GEORGE, AM In this appeal of the Revenue, its grievance is that the ld. CIT held the cost of replacement of centrifugal fans, weft straightner, autoconers, dampers, blowers, etc. as Revenue expenditure and not capital expenditure. 2. According to the Revenue, through its decision in CIT v. Saravana Spinning Mills Limited (293 ITR 201) the Hon'b....

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....supra, held such expenditure to be capital in nature. This was confirmed by the ld. CIT(A). 4. Now before us, the ld. A.R. submitted that the Hon'ble Apex Court in a subsequent decision [CIT v. Hindustan Textiles dt. 3.11.2009) had set aside a similar issue and remitted it back to the jurisdictional High Court for consideration afresh based on the test laid down by it in the case of CIT v. Sara....

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....ra). Some of these decisions were not available with the ld. A.O. or CIT(A) when they were dealing with the matter. We are, therefore, of the opinion that the claim of the assessee requires to be looked into afresh, by the Assessing Officer in view of the law laid down by Hon'ble Apex Court in the various decisions cited above. No doubt, items like Cummins Genset Engine cannot be treated as revenu....