2009 (1) TMI 78

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....dgment of the court was delivered by K. RAVIRAJA PANDIAN J.-The appeal is filed by the Commissioner of Income-tax under section 260A of the Income-tax Act, 1961, against the order passed by the Income-tax Appellate Tribunal "A" Bench, Chennai, dated June 29, 2004, in I. T. A. No. 2489/Mds/1996 raising the following questions of law: "1. Whether, on the facts and in the circumstances of the c....

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....ee as revenue expenditure was added back. It was found by the Assessing Officer that the assessee had claimed replacement cost of one carding machinery during the year as revenue expenditure. On going through the profit and loss account of the earlier year and also for the current year the cost of replacement was not shown as having been debited to the profit and loss account. It was further found....

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.... be deleted and was to be treated as revenue expenditure and the depreciation granted was to be withdrawn. Aggrieved by the same, the Revenue filed an appeal before the Income-tax Appellate Tribunal and the Tribunal dismissed the appeal of the Revenue. Aggrieved by the said order, the present appeal is filed. 4. Learned counsel appearing on either side submitted that the issue involved in this ....