In the result, appeal filed by the assessee is allowed
Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member
capital expenditure provisions of sec. 40 are in the nature of overriding provisions - It starts with the words "notwithstanding anything contrary in sections 30 to 38", which shows that even if an expenditure or allowance comes within the purview in all the sections from 30 to 38 as well as sec. 40, the provisions of sec. 40 will prevail. This