1994 (1) TMI 46

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..... ment of the court was delivered by RANGARAJAN J.--In these cases, the first common question referred at the instance of the Revenue is as follows : "Whether, on the facts and in the circumstances of the case, the provision made for monetary value of the availed leave salary of the employees should be allowed as a deduction in computing the total income of the assessee-company for the assessment .....

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..... essee, the following four questions have been referred : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the expenditure of Rs. 1,51,260.71 relating to dismantling, loading and unloading of machinery and equipment was not allowable as a deduction ? (2) Whether, on the facts and in the circumstances of the case, the Appellat .....

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..... ting of the assessee's factory from Madras to Coimbatore ?" The facts relating to these questions are that the assessee had to shift the factory from Sembiam to Coimbatore due to certain labour unrest. The Income-tax Officer disallowed the entire expenditure as capital expenditure. On appeal, the appellate authority disallowed the expenditure relating to the shifting of the machinery and allowed .....

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