1992 (10) TMI 35

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dar. According to the assessee, the roads were kucha and the expenditure had been incurred for facilitating the running of the motor vehicles for transportation of goods from the mines to the factory. The expenditure was claimed to be of revenue nature. The Income-tax Officer took the view that the expenditure being substantial and the roads being of enduring nature, the expenditure was of a cap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... able expenditure ?" The Income-tax Appellate Tribunal held that the assessee was entitled to the expenditure of the aforesaid amount and finding no merit in the contention of the Department, rejected the application. The Department has now approached this court by means of the present application. We have heard learned counsel for the parties. The contention of the Department is that the exp .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . Repair means "restore (building, machine, garment, tissue, strength, etc.) to good condition ; renovate or mend by replacing or refixing parts or compensating loss or exhaustion ". Incurring of expenditure on repairs could not be considered to be a payment made "once and for all". Consequently, the repairs of the road was rightly allowed by the Income-tax Appellate Tribunal. It was not capital .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X