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TMI Blog2000 (11) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... r building a new bridge in place of the old one which had become unserviceable, and which bridge was essential to provide access to the assessee's factory-as the workmen could not reach the factory unless that bridge was available for their movement is in the nature of capital expenditure, and not revenue as held by the Tribunal. We do not find it possible to agree. The Supreme Court in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a decision rendered by a two-judge Bench of the apex court in the case of Arivind Mills Ltd. v. CIT [1992] 197 ITR 422, wherein it was held that the betterment charges paid by the mill in respect of the lands owned by it was a payment which was in the capital field, and not revenue, as the improvement effected was for the better enjoyment of the land, and as a consequence of the improvement, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tates the movement of the workmen to gain access to the assessee's factory and to return home, and also for the movement of the goods over the bridge. The facts of this case are such as to bring it within the ratio of the decision in the case of L. H. Sugar Factory and Oil Mills (P.) Ltd. v. CIT [1980] 125 ITR 293 (SC). We, therefore, do not see any justification for calling for a reference. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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