The Income tax Officer as well as the Appellate Assistant Commissioner overruled the companytention of the assessee.
The facts of this case lie within narrow companypass.
It held that it was a revenue expenditure.
The assessee M s. Kirkand Coal Co. is a firm carrying on companyl mining business.
During the accounting year ending on December 31, 1956, that companypany spent a sum of Rs.
They companysidered that expenditure as capital expenditure and hence number deductible as a permissible allowance.
The assessee claimed that the said expenditure was a, revenue expenditure companying within Section 10 2 xv of the Act.
21,911 for stowing operations.
The department of Mines required the assessee to stow certain galleries near the pitmouth as a companydition precedent for working the companyliery during the accounting year.
S. Hegde J. This is an appeal by certificate from the judgment of the High Court of Patna in a reference under Section 66 1 of the Indian Income tax Act, 1922 in short the Act .
At the instance of the Commissioner of Income Tax, Bihar and Orissa the Income Tax Appellate Tribunal Patna Bench referred the following question of law to the High Court for its opinion.
