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TMI Blog1981 (1) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... GUPTA J.-Both the revenue as well as the assessee filed separate applications requiring the Income-tax Appellate Tribunal, Chandigarh Bench, to refer to the High Court certain questions of law, which were said to have arisen out of its order dated October 29, 1974. Accordingly, the Tribunal has referred two questions to this court for opinion, question No. 1 is at the instance of the assessee, whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed as a revenue expenditure, but the same was disallowed by the ITO though deduction for the same under s. 80G was allowed. The AAC, on appeal, affirmed the ITO's order. On further appeal, the Tribunal came to the conclusion, " the assessee's appeal for the assessment year 1965-66 was decided by us in ITA No. 130 of 1972-73, as per order dated April 2, 1974, and we had also held that Rs. 6,00,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, the learned counsel for the assessee was unable to show how the said amount contributed for the construction of a new road was not rightly held to be a capital expenditure. Thus, the answer to question No. 1 is against the assessee and in favour of the revenue. Question No. 2. " Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nery or plant worth Rs. 16,856. The term " plant " as defined under s. 43(3) of the Income-tax Act, 1961, reads : " 'Plant' includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession. " Thus, it is clear that the definition of the term " plant " is comprehensive enough and includes whatever apparatus is used by a businessman f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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