1990 (7) TMI 60

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..... rt to refer the following three questions under section 256(2) of the Income-tax Act, 1961 : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the expenditure of Rs. 2,16,264 for the direct feeder line of power not owned by the assessee-company was a capital expenditure ? (2) Whether, on the facts and in the circumstances of the c .....

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..... ought to be referred. The inauguration expenses cannot be included in the capital expenses. So far as the third question is concerned, though it is true that orders of the Commissioner of Income-tax (Appeals) and the Tribunal do not disclose that this question was argued, it appears that this contention was urged in the respective grounds of appeal. We are inclined to direct reference of the th .....

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