JUDGMENT

B.P. Jeevan Reddy, J.-Section 10(2)(v) of the Income Tax Act, 1922 allows deduction of the amount spent of "current repairs" to buildings, machinery, plant, furniture employed in the business. The assessee-appellant carries on the business of exhibiting films in a theatre called "Naval Talkies" at Panipat. He had purchased the said building in 1937. It was a ginning factory then. The ran the factory till 1940. In the year 1945, he converted it into a cinema theatre and was exhibiting films therein. During the period 1960 to March 1961, the assessee extensively repaired the theatre by expending substantial amounts. The amounts spent by him are: on machinery Rs. 16,002/-, new furniture Rs. 27,889/- sanitary fittings Rs. 5,225/- and replacement of electrical wiring Rs. 13,604/-. In addition thereto, a total amount of Rs. 62,977/- was spent on extensive repairs to walls, to the hall, to the flooring and roofing, to doors and windows and to the stage sides etc. Actually the theatre had to be closed during the aforesaid period for effecting the repairs.

2. In the assessment proceedings relating to the relevant assessment year, the assessee claimed deduction of the aforesaid amoun