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Issues Involved:
The issue involves determining whether the expenditure incurred by the assessee in replacing petrol engines with diesel engines fitted in jeeps is of a revenue nature in computing its business income for the assessment year 1977-78. Judgment Details: The Income-tax Appellate Tribunal found that the assessee's expenditure on replacing petrol engines with diesel engines was justified due to the steep rise in petrol prices compared to diesel prices, leading to the conclusion that the expenditure was of revenue nature. The Revenue relied on a case from the Kerala High Court where expenditure on replacing engines in fishing boats was considered capital expenditure due to the enduring advantage gained by the assessee. The Kerala High Court emphasized that the replacement resulted in increased efficiency and an enduring benefit, leading to the expenditure being classified as capital in nature. Counsel for the assessee referred to a Supreme Court judgment stating that the character of expenditure is determined by its aim and object. If the expenditure is for acquiring an enduring benefit, it is capital expenditure; if for running the business to produce profits, it is revenue expenditure. The Tribunal found that the replacement of engines was to augment profits, thus classifying it as revenue expenditure. The Tribunal's conclusion was based on the fact that the replacement of engines was due to the rise in petrol prices, indicating the expenditure was incurred to increase profits. In contrast, the Kerala High Court's judgment focused on the enduring benefit gained from the replacement, leading to a classification of capital expenditure. Based on the above analysis, the court discharged the rule, finding in favor of the assessee. No costs were awarded in this matter.
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