1993 (2) TMI 327

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Deodhar JUDGMENT U. T. Shah, J. Under section 256(1) of the Income-tax Act, 1961 ('the Act1) the Tribunal has referred the following questions at the instance of the assessee : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the expenditure of Rs. 23,352 incurred on wall pictures, viz., wall paintings, was not allowa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inds and Rs. 6,616 being expenditure on canteen utensils as business expenditure under section 37 or under section 28 of the Income-tax Act, 1961 for the assessment year 1973-74?" 2. It Is an agreed position that the issue raised in Question No. 2 above is covered by the decision of this Court in the cases of CIT v. Excel Industries Ltd. [1980] 122 ITR 995 and CIT v. National Machinery Mfrs. Lt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ear 1993-94. In other words, 20 years have passed since this assessment was framed by the ITO. Over this 20 years, the assessee would have got full depreciation on the items mentioned in the questions. In this view of the matter, issues raised In these questions are academic in nature and it would serve no purpose to anybody even if the decisions were to be given in favour of the assessee; in t....