1997 (1) TMI 33

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....of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal, Cochin Bench, at the instance of the Revenue arising out of the order of the Tribunal in I. T. A. No. 737/Coch of 1987, which relate to the assessment year 1985-86. The following is the question referred for the opinion of this court : "Whether, on the facts and in the circumstances of the case, should not the repairs to car and j....

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....ation made by him under section 37(3A) of the Act. While dismissing the appeal filed by the Revenue, the Tribunal upheld the view of the Commissioner of Income-tax (Appeals). In I. T. R. No. 74 of 1994---CIT v. A. V. Thomas and Co. Ltd. [1997] 225 ITR 29 we had occasion to consider a similar question and we have taken the view that the expenditure incurred by the assessee as repair charges of the....

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....nance of motor cars for the purpose of restriction under section 37(3A) of the Income-tax Act? (ii) the Tribunal is right in law in holding : repairs are governed by section 31 and taxes are regulated under section 30 such expenditure cannot be construed as running, and maintenance expenditure of motor cars described under section 37(3A) of the Act?" In the light of the discussion as above, we a....