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2016 (9) TMI 1655

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....tice Akil Kureshi ) 1. The Revenue is in appeal against the judgement of the Income Tax Appellate Tribunal dated 17.12.2015 raising following questions for our consideration: "1. Whether on the facts and circumstances of the case, the Tribunal was right in law in deleting the addition made on account of expenses incurred for replacement of membrane cells, treating the same as capital expenditur....

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....s incurred for replacement of remembering cells-II. The Revenue would contend that the expenditure is capital in nature and therefore, was not allowable deduction. 4. Both sides agreed that this issue in case of this very assessee for earlier assessment years came up for consideration before this Court in case of Commissioner of Income Tax vs. Gujarat Alkalies and Cheimcals Ltd. reported in 372....