2012 (11) TMI 1174

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.... The present appeal has been filed under Section 260-A of the Income-tax Act, 1961, hereinafter referred to as "the Act", against the order dated 25th March, 2009 passed by the Income Tax Appellate Tribunal, New Delhi, Bench 'D'. The Commissioner of Income-tax, Ghaziabad has proposed the following two questions said to be substantial questions of law arising out of the order of the Tribuna....

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....f steel wire and allied products. During the assessment year in question the assessee had incurred an expenditure on the following expenses amounting to Rs. 11,87,696/- towards repairs and maintenance of the factory and machinery and plant.. S.No. Particulars Amount Date (1)  Rebuilding of old tubular stranding machine Rs.1,43,500/- 13/7/02 (2) Ceramic Tiles for Plant ....

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....disallowed. Feeling aggrieved the assessee preferred an appeal before the Commissioner of Income Tax (Appeals), Ghaziabad, who vide order dated 28th September, 2007 partly allowed the appeal and allowed the expenditure made on this account. The Revenue feeling aggrieved preferred an appeal before the Tribunal and the Tribunal had upheld the order of the Commissioner of Income Tax (Appeals) and dis....

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....ce, replacement of M.S. Plate in acid tank and zinc tank and replacement of tools and dies of plant and machinery and even though all the expenses were made after a period of 3-4 years but were in the nature of current repairs and were chargeable as revenue expenditure. The Tribunal has further held that the expenditure so incurred was essentially for repair of building/machinery and by incurring ....