9911796707
TMI Blog2019 (6) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... nion that the impugned judgement and order passed by the Gujarat High Court as also the orders passed by the Income Tax Appellate Tribunal and the Commissioner of Income Tax Appeals on this issue cannot be sustained and are thereby set aside. It is held that the respondent is not entitled for any deduction under the head current repairs as claimed and allowed by the two authorities. - Decided in favour of revenue - Tax Case Nos.338 & 339 of 2009 - - - Dated:- 10-6-2019 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.T.R.Senthil Kumar, assisted by Mrs.K.G.Usha Rani JUDGEMENT T.S.SIVAGNANAM, J. These Tax Case A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this juncture, it would be beneficial to refer to the order passed by the Hon'ble Apex Court in the case of Sarangpur Cotton Mfg.Co.Ltd.,(Supra). 1. The present appeal has been filed against the judgement and order dated 3rd July, 2002 passed by the High Court of Gujarat at Ahmedabad in Income Tax Reference No.141 of 1989. The following question of law has been raised in the appeal:- Whether the Higher Court was right in law in holding that the assessee was entitled to deduction on account of revenue expenditure incurred on machineries replaced for the value of ₹ 26,84,235/- 2. Briefly stated the facts, which give rise to this appeal, are as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised by the appellant herein in favour of the respondent-assessee. 7. We have heard the Ms.Pinky Anand, learned Additional Solicitor General appearing on behalf of the appellant-revenue department. No one has entered appearance on behalf of the respondent-assessee. 8. Learned Additional Solicitor General submitted that the view taken by the Gujarat High Court by relying on two decisions in the case of CIT Vs Baroda Industrial Development Corporation Ltd., [1992] 198 ITR 716/65 Taxman 359(Guj.) and in the case of CIT Vs. Satyadev Chemical Ltd., [1997] 226 ITR 95(Guj) has been impliedly overruled by this Court in the case of CIT Vs. Saravana Spg.Mills(P) Ltd., [2007] 293 ITR 201/163 Taxman 201(SC). ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
