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TMI Blog2013 (1) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact that such installation has increased life beyond their original economic life cannot be a ground to conclude that the expenses incurred were not for repair and maintenance. Similarly, the ground of increase in the profitability of concern is again a totally alien to determine the nature of the repair and maintenance. Increase in profit would lead to increase in income, which would be sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed by the Income Tax Appellate Tribunal (for short the 'Tribunal') on 26.3.2012, whereby the expenses claimed by the assessee on account of repair maintenance were allowed though, earlier such expenses were disallowed for the reason that such expenses are capital expenditure in nature. The appellant has claimed the following substantial question of law:- In the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Income Tax (Appeals). The learned Tribunal held that the issue whether the expenditure is capital or revenue in nature, depends on several tests. No single test is universally applicable and infallible in nature. Each item of such expenses is to be seen and considered in the light of facts of each case and its use. In view of the said fact, the findings recorded by the Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of concern is again a totally alien to determine the nature of the repair and maintenance. Increase in profit would lead to increase in income, which would be separately taxable but could not be a ground for declining the expenses incurred by the assessee for repair and maintenance. Though the findings returned is that new identifiable assets have been created but the Tribunal has returned a fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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