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TMI Blog2020 (1) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be sustained and the replacement of the machineries as a whole by the Assessee cannot be held to be current repairs or allowable revenue expenditure. Therefore, respectfully following the binding precedent of the Hon'ble Supreme Court in the case of Commissioner of Income Tax, Gujarat V. Sarangpur Cotton Mfg. Co. Ltd. [2017 (4) TMI 301 - SUPREME COURT ] the present Appeals filed by the Revenue deserves to be allowed and the substantial question of law framed is answered in favour of the Revenue and against the Assessee - Tax Case Appeal Nos.282 & 283 of 2009 - - - Dated:- 17-12-2019 - Dr. Justice Vineet Kothari And Mr. Justice R. Suresh Kumar For the Appellant : Mr.M.Swaminathan Senior Standing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CIT v. Salem Co-operative Spinning Mills Ltd. (148 ITR 176) (Mad) has held that expenditure on replacement of conventional card clothing by metallie card clothing is revenue expenditure and as such exigible to deduction under Section 37. We do not find any infirmity in the order of the CIT (Appeals). Accordingly, the order of the CIT (Appals) is upheld. 10.In the result, the Revenue's appeal's are dismissed. 3.The present appeals were admitted by the Coordinate Bench of this Court on 30.04.2009 on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that expenditure on replace ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here are several department/divisions. In each department/division there are several machines and perform different functions. Therefore, when each of the Department/Division perform different functions, repair/substitution of an old machine will not come within the definition of the word current repairs and deduction cannot be claimed thereunder. 9.In this view of the matter, we are of the considered opinion that the impugned judgment 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Texmaco Ltd., Calcutta 1 No Texmaco Howa Card CM 80 Card No.1326 TMC/MS/4 13/92-93 dt. 30.08.92 13,451,136 24,850 12,675 13,82,661 28.09.92 3 Texmaco Ltd., Calcutta 1 No Texmaco Howa Card CM 80 Card No.1336 TMC/MS/ 680/92-93 dt. 17.12.92 13,56,732 23,050 18,825 13,98,607 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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