2002 (11) TMI 791

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....subrahmanyan, J. Pursuant to the directions of this Court in TCP No. 294 of 1996, by order dt. 31st March, 1997, the Tribunal (hereinafter referred to 'the Tribunal') has stated a case and referred the following questions of law for our consideration : "1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the expenditure incurr....

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.... s. 36 ? 2. Insofar as the first two questions are concerned, they relate to the claim of the assessee as deduction under the head 'business' on the expenditure incurred by the assessee in the purchase of LMW spinning frame and LMW high speed draw frames either as current repairs or revenue expenditure. The case of the assessee was it purchased machinery as a part of modernisation program....

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.... counsel also agree that the matter may be remitted back to the Tribunal to consider and decide the issues covered in the first two questions de novo. Accordingly, following our judgment of even date in TC No. 55 of 1998, we remit the matter to the Tribunal and the Tribunal is directed to consider the issues that arise in question Nos. 1 and 2 afresh, in accordance with law. 4. Insofar as third q....