2009 (4) TMI 74

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....urt was delivered by  K. RAVIRAJA PANDIAN, J. - The revenue on appeal against the order of the Income Tax Appellate Tribunal MADRAS 'D' Bench, Chennai dated 16.06.2005 passed in ITA.Nos.94/296/Mds/2002.  The appeals are admitted on the following question of law:  "  Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding th....

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.... are required to be considered while deciding whether the expenditure was revenue or capital in nature.  In the absence of the requisite details regarding the production capacity remaining constant even after replacement, the matter could not be decided on merits and require to be remitted back to the Commissioner (Appeals) for consideration of that particular issue with reference to the prod....