- (1.) There was a delay of seven days in filing the special leave petition. While granting special leave, by the order dated 5-8-1983, no order was passed on the application for condonation of delay. We hereby condone the delay in filing of the special leave petition.
(2.) We have heard learned counsel for the assessee on the appeal and have perused the impugned judgment of the High Court. The following questions which were referred to the High Court by the Income Tax Appellate Tribunal have been answered against the assessee and in favour of the Revenue: (7) whether on the facts and the circumstances of the case the expenditure incurred by the assessee towards construction of the metal roads in trenching grounds was an item of revenue deduction; and (2) whether on the facts and the circumstances of the case the assessee was entitled to depreciation on the amount of the cost of construction of metal roads on trenching grounds.
(3.) In answering the first question the High Court has relied upon decision of this Court in Travancore Cochin Chemicals Ltd. v. CIT. In view of the said decision, it has been rightly held that the expenditure incurred by the assessee towards construction of the metal roads on trenching grounds was not a revenue expenditure.;