2017 (4) TMI 301

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....jit Prasad,Adv. Ms. Gargi Khanna,Adv. Mr. Rajesh Ranjan,Adv. Mr. Shashank Dewan,Adv. Mr. Saudamini Sharma,Adv. For Mrs. Anil Katiyar,Adv. ORDER The present appeal has been filed against the judgment and order dated 3rd July, 2002 passed by the High Court of Gujarat at Ahmedabad in Income Tax Reference No.141 of 1989. The following question of law has been raised in the appeal: "Whet....

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.... outlay of capital expenditure. Feeling aggrieved,the respondent-assessee preferred appeal before the Commissioner of Income Tax Appeals. The Commissioner of Income Tax Appeals vide order dated 29th September, 1983 allowed Rs. 26,84,235/- as admissible revenue expenditure and at the same time directed the assessing officer to withdraw the depreciation and development rebate granted on these cap....

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....ral submitted that the view taken by the Gujarat High Court by relying on two decisions in the case of CIT vs. Baroda Industrial Development Corporation Ltd. (1992) 198 ITR 716 and in the case of CIT vs. Satyadev Chemical Ltd.(1997) 226 ITR 95 has been impliedly overruled by this Court in the case of Commissioner of Income Tax, Madurai v. Sarvana Spining Mills(P) Ltd. (2007) 7 SCC 298. She submitt....

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....bstitution of an old machine will not come within the definition of the word "current repairs" and deduction cannot be claimed thereunder. In this view of the matter, we are of the considered opinion that the impugned judgment and order passed by the Gujarat High Court as also the orders passed by the Income Tax Appellate Tribunal and the Commissioner of Income Tax Appeals on this issue cannot ....