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2012 (11) TMI 52 - AT - Income TaxWhether expenditure incurred by the assessee for construction of structures on railway property for smooth handling of containers is revenue in nature – AO disallowed the expense by invoking the provisions of section 35D as in the nature of preliminary expenses - Held that:- Expenditure in question cannot be termed as preliminary expenses - By incurring the expenses, the assessee did not acquire any new asset having enduring benefit - expenses were incurred for smooth running of existing business by constructing rams for loading & unloading and no permanent structure came into existence, rather the expenses were incurred for replacement and repairs of existing structures like rams etc. – In favor of assessee
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