1989 (1) TMI 94 - HC - Income Tax

Summary

Issues involved: The judgment addresses whether the expenditure incurred by the assessee on modernizing its machinery by replacing worn out parts is allowable as revenue expenditure for the assessment years 1974-75, 1978-79, and 1979-80.

Summary:
The High Court of Kerala considered three cases where the Revenue appealed against the assessee claiming expenditure on modernizing machinery as revenue expenditure. The assessing authority viewed the expenditure as capital due to enduring benefit, but the Appellate Assistant Commissioner allowed the claim based on a Supreme Court decision. The Commissioner of Income-tax (Appeals) also upheld the claim. The Revenue appealed to the Tribunal, which affirmed the decision. The Revenue sought to refer the question to the court, but the Tribunal declined. The court found that the expenditure was for replacing old parts to ensure efficient functioning, not for creating new assets, and thus held it as revenue expenditure, in line with the Supreme Court decision. The court concluded that no referable question of law arose, and dismissed the petitions.