2009 (10) TMI 19

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....t of the court was delivered by Adarsh Kumar Goel, J. - This appeal has been preferred by the revenue under section 260A of the Income Tax Act, 1961 (in short, 'the Act') against the order of the Income Tax Appellate Tribunal, Chandigarh, Bench 'B', passed in ITA No.101/Chd/2008 dated 23.9.2008 for the assessment year 2004-05, proposing to raise following substantial question of law:- "Wheth....

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....ould confer advantage and would bring into existence new asset and such expenditure was beyond the concept of 'current repairs' under section 31 of the Act. The Tribunal restored the order of the Assessing Officer and set aside the enhancement, holding:- "If the totality of circumstances are analysed we have found that the learned Assessing Officer has disallowed only the expenses which were of....

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....have heard learned counsel for the appellant. 4. Learned counsel for the appellant submitted that the Tribunal has not applied the parameters laid down by the Hon'ble Supreme Court in CIT v. Saravana Spinning Mills P. Limited, (2007) 293 ITR 201 and also the tests applied in Silver Screen Enterprises v. CIT, Patiala, (1972) 85 ITR 578 (P&H), Modi Spinning & Weaving Mills Co. Limited v. CIT, (19....

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....t test being applied. Only discussion which has been pointed out in the order of the CIT(A) with regard to the major amount involved is as under:- "9…Therefore, the entire expenditure of Rs.34,30,062/- is treated as capital expenditure and the assessment is enhanced by an amount of Rs.17,15,031/-. The assessee would be entitled to depreciation @ 10%." 7. As against above, the Assessing Off....