Hegde, J.

1. This order is in continuation of the order made by this court in I. T. R. C. No. 1 of 1961. There was no need to number this proceeding separately.

2. In I.T.R.C. No. 1 of 1961 a Bench of this court, to which one of us (Hegde J.) was a member, made the following order on June 21, 1962 :

'The question of law referred to this court under section 66(1) of the Indian Income-tax Act hereinafter, reads thus :

"Whether the amount of Rs. 14,485 being the cost of installation of diesel engines in place of petrol engines of the existing buses was an allowable deduction as revenue expenditure ?"

Concisely stated, the facts are as follows : The assessee is a firm of bus operators. Previously their buses were run with petrol engines. In the accounting year relevant to the assessment year (1957-58), the assessee replaced the petrol engines of some of their buses with diesel engines. The cost of installation of the diesel engines amounted to Rs. 14,485. This amount was claimed as a permissible deduction either under section 10(2)(v) or under section 10(2)(xv) of the Act. The tribunals below rejected the claim made by the assessee. Dealing with the claim in question, the Tribunal