DCIT, Circle - 1, Kolkata vs. M/S. Mcnally Sayaji Engineering Limited, Kolkata
In the result, the appeals of the assessee in ITA No
ITA 1575/KOL/2011[2008-09]Status: DisposedITAT Kolkata10 Mar 2017AY 2008-09
Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]
For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)Section 14A
…which makes it possible for the existing set up to function efficiently, the cost incurred on such replacement would be revenue expenditure. We also draw support from the decision of the Hon’ble Madras High Court in the case of CIT –vs.- Fenner India Limited [292 ITR 605] wherein it was held that the question whether the 10 ITA Nos.2776/A/2011,1575/K/2011 & 927/K/.2013 Mc Nally Sayaji Engg. Ltd.., AY 2008-09 & 2009-10 expenditure on replacement of machinery is capital or revenue expenditure is not determined by treatment given in the books of account and that the claim has to be determined only by the provisions…