Madras High Court
Commissioner Of Income-Tax vs Tuticorin Spinning Mills Ltd. on 22 July, 1999
Equivalent citations: [2001]249ITR694(MAD)
Author: R. Jayasimha Babu
Bench: R. Jayasimha Babu
JUDGMENT
R. Jayasimha Babu J.
1. The Revenue seeks a reference from the order of the Tribunal which, inter alia, holds that the amounts spent on replacing worn out ring frames which are admittedly, part of a larger machinery used in the manufacture of yarn was deductible under the head "Current repairs".
2. We do not find any error in that view of the Tribunal. It has been held by this court in the case- of CIT v. Shree Narasimhu Textiles (P.) Ltd. [1999] 238 ITR 351, that the expenditure of replacement of parts of machinery is not to be regarded as capital in nature. The Revenue's contention that the cost of replacement of ring frames should be treated as capital expenditure had been rightly rejected by the Tribunal.
3. We do not find any merit in this petition. Hence, this petition is dismissed.