9911796707
TMI Blog1985 (2) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeals are considered together and disposed of together. 2. The assessee, a registered firm, which hires out dresses, which are used as consumes, etc. for acting, and also sells sarees, was the tenant of premises No. 75-77, Bhuleshwar Road. In the assessment years under consideration, certain expenditure was incurred on repairs. Particulars of expenditure incurred and that which was disallow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Local Tenancy Act. Hence it was that he made a disallowance. The CIT(A) agreed with the ITO. He also noticed that there were certain Debit Notes singned by someone representing the firm, Bombay Decorators, and from on abstract of the Architect's estimate it was clear that structural charges were brought into the building including removing front walls, parts of external walls and further R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e repairs. It was in pursuance of the same, there repairs were effected. He submitted that the repairs were essentially to retain the building in the existing condition and to enable the assessee to continue to occupy it for business premises and, therefore, the expenditure was revenue in nature. 5. The ld. Departmental Representative, on the other hand, submitted the RCC work had been done, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of fact, in the assessment order for the year 1978-79, there is mention that, the assessee had stated, the exterior was left unaffected and unchanged. There is no material to suggest anything to the contrary. In these circumstances, it is clear that the expenditure had to be incurred by the assessee to keep the premises in a fit condition so that the purposes of the business. No new asset came i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termined at Rs. 97,416. The assessee claims weighted deduction on the full amount of Rs. 2,20,828. The CIT(A) had concurred with the ITO because the ITO had worked out the admissible amount following the ratio of the decision of the special Bench of the Tribunal referred to. The ld. counsel has pleaded before us that the weighted deduction on the full amount should be allowed. we are unable to agr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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