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TMI Blog2009 (5) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... in purchase of new transformer as capital expenditure even when the old transformer still exists in the blocks of asset and not sold, discarded or demolished or destroyed? - Since neither the Tribunal nor the High Court dealt with the factual aspect in detail, we remit the matter to the Assessing Officer to consider the respective stands in the background of what has been stated by this Court in S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and in the circumstances of the case, the I.T.A.T. was justified in allowing the depreciation on research & development assets which related to the closed business of fast food division/unit of the assessee-company as such not used during the previous year? (3) Whether on the facts and in the circumstances of the case, the I.T.A.T. was justified in deleting the addition of Rs.2,77,887/- bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w transformers. According to the revenue, the expenditure incurred is in the nature of capital expenditure when the old transformers are still included in the block of assets and not sold or discarded or demolished or destroyed. 5. Learned counsel for the revenue placed strong reliance on Commissioner of Income Tax, Madurai and Ors. v. Saravana Spinnig Mills (P) Ltd. (2007 (7) SCC 298). It was hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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