KHOSLA, J.

1. This is a reference made by the Income-tax Appellate Tribunal under section 66 of the Indian Income-tax Act, and the following question of law has been referred to us for our opinion :

"Whether, on the facts and in the circumstances of this case, the expense of Rs. 14,700 incurred in fitting new bodies in place of old worn out bodies of six lorries is an expense allowable under section 10 (2) (v) of the Indian Income-tax Act ?"

2. The facts briefly are that the assessee is a transport company running a number of lorries for the transport of passengers. During the financial year 1953-54, which corresponds to the assessment year 1954-55 a sum of Rs. 14,700 was expended by the assessee company in fitting new bodies in place of the old ones on five of the lorries which were being run by the company. The company claimed that this amount was deductible as current repairs within the meaning of section 10 (2) (v) of the Indian Income-tax Act. The Income-tax Tribunal held that this amount was allowable and decided in favour of the assessee. The Commissioner of Income-tax then moved the Tribunal to state a case for the opinion of this court. The Tribunal had, in the ori