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TMI Blog2014 (12) TMI 1252X X X X Extracts X X X X X X X X Extracts X X X X ..... th the impugned order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A' (hereinafter referred to as ITAT) dated 31.07.2006 in ITA No. 2618/Ahd/2004 for the Assessment Year 2000-01, the revenue has preferred the present Tax Appeal. 2. This appeal was admitted on 10.12.2007 for consideration of the following substantial question of law: "[A] Whether on the facts and in the circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the said issue in favour of the assessee. The Tribunal confirmed the findings of the CIT(A) and therefore the revenue is in appeal challenging the said finding. 3.1 This question of law raised for consideration in the present Tax Appeal is now not res integra in view of the decision of this Court in the case of Commissioner of Income-tax vs. Meghmani Organics Ltd reported in [2014] 222 ITR 123 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of fencing of pillars and wires by new masonry wall Rs. 5,00,900/- Total Rs. 6,31,400/- 4.1 The Assessing Officer had disallowed the expenditure as being on replacement, it gave a new and different advantage of enduring nature. The CIT(A) allowed the same with the observation that these were the items already present which had gone down due to wear and tear and had been repaired and redone. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad erected fencing wall long back with barbed wires with cement poles and was capitalized and that after a long period it was necessary to repair the same by re-erection using old major materials liked barbed wires etc. The CIT(A) observed that in the process the company spent on repairing without bringing out any new asset in existence. The Tribunal has confirmed the said finding. We, however, do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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