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expenditure on replacement of old machinery was allowable as revenue expenditure? The issue as to how such expenditure has to be treated is no longer res integra and has been decided by theHon'ble Supreme Court in Commissioner of Income-tax vs. Sri Mangayarkarasi Mills (P.) Ltd., reported in [2009] 315 ITR 114 (SC). In the light of the said decision, the matter requires to be remanded to CIT (A) to consider as to whether the expenditure incurred by the assessee for replacement of ring frames results in enduring benefit, bearing in mind the decision inSri Mangayarkarasi Mills (P) Ltd. (supra). The appeal filed by the Revenue is allowed and the impugned order passed by the Tribunal is set aside and the matter is remanded to the Commissioner of Income-tax (Appeals) for fresh consideration on the issue

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Section 37 of the Income Tax Act, 1961 — Business Expenditure — Capital or revenue expenditure — Expenditure on replacement of old machinery was allowable as revenue expenditure.
Facts: Being aggrieved of the order of Tribunal, Revenue went on appeal before High Court and raised the question of law that “Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that expenditure on replacement of old machinery was allowable as revenue expenditure?”
Held, that expenditure on replacement of old machinery was allowable as revenue expenditure.[2018] 48 ITCD 70 (MAD)

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