2003 (10) TMI 31 - HC - Income Tax

Expenditure on repair and maintenance revenue/capital expenditure - The assessee is a company. It runs a hotel by the name Hotel Savoy at Mussoorie which is a hilly area - On the facts the assessee has shown that it is required to incur expenditure at regular intervals due to whether conditions prevailing in Mussoorie. Hence the expenditure was in the nature of current expenditure - Tribunal was right in holding that the above expenditure was revenue expenditure

Summary

Issues:
1. Classification of expenditure as revenue or capital.

Analysis:
The High Court dealt with the issue of whether certain expenditures incurred by a private limited company running a hotel should be classified as revenue or capital expenditure. The Department contended that the expenses, including conversion of manual latrine to flush latrine, replacement of cement roof by a tiled roof, construction of a water tank, replacement of cement concrete floor by Kota stones, tiling in the kitchen, and furniture repair, provided enduring benefits and hence should be considered capital expenditure. The Department relied on judgments of higher courts to support its argument.

The Court considered the nature of the expenditure in light of the specific circumstances of the case. The hotel, located in a hilly area with severe climatic conditions and heavy rainfall, required regular maintenance and upkeep due to its old structure and location. The Commissioner of Income-tax (Appeals) and the Tribunal both found that the hotel, spread over 12 acres with 100 suites, needed frequent expenditures to maintain its operations. The Court noted that the expenditure was in the nature of "current expenditure" due to the prevailing weather conditions in Mussoorie, leading to the conclusion that the expenses were revenue expenditure rather than capital. The Court upheld the findings of the lower authorities, emphasizing the need for regular maintenance due to the environmental factors affecting the property.

In conclusion, the Court answered the question in favor of the assessee, ruling that the expenditures in question should be treated as revenue expenditure. The appeal was disposed of with no order as to costs, affirming the decision of the lower authorities and providing clarity on the classification of the expenses incurred by the company running the hotel.