JUDGMENT
K. Shivashankar Bhat, J.
1. The following two questions are referred for our answer under the provision of the Income-tax Act, 1961 :
“1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in allowing depreciation on roads and culverts ?
2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in upholding the order of the Commissioner of Income-tax (Appeals) who directed the Income-tax Officer to treat the technical know-how payment as a revenue expenditure ?”
3. The first question is covered, against the Revenue, in the decision of this court in CIT v. Bangalore Turf Club Ltd. [1984] 150 ITR 23. The second question is covered, also against the Revenue, in the decision of this court reported in Mysore Kirloskar Ltd. v. CIT [1978] 114 ITR 443 [FB]. Consequently, both the questions are answered in the affirmative and against the Revenue.