2015 (9) TMI 705 - AT - Income Tax

Repairs and maintenance expenses incurred on building and theatres - revenue v/s capital expenditure - Held that - As the issue involved in the year under consideration as well as all the material facts relevant thereto are similar to that of assessment years 2003-04, 2005-06 and 2006-07, we respectfully follow the order passed by the Tribunal for the said years, and uphold the impugned order of the learned Commissioner of Income-tax (Appeals), allowing the deductions claimed by the assessee on account of repair and maintenance expenses to the building and theatres treating the same as of revenue nature. - Decided in favour of assessee.

Summary

Issues:
Challenge to disallowance of repairs and maintenance expenses as capital expenditure.

Detailed Analysis:
1. The appeal was filed by the Revenue against the order of the Commissioner of Income-tax (Appeals) challenging the disallowance of repairs and maintenance expenses totaling &8377; 4,40,12,739 incurred by the assessee on building and theatres as capital expenditure.

2. The Assessing Officer treated the expenditure as capital, resulting in substantial disallowance, based on the Department's appeal before the Andhra Pradesh High Court against a previous Tribunal decision allowing similar expenses as revenue.

3. The Commissioner of Income-tax (Appeals) deleted the disallowance, citing precedents in the appellant's own case where similar expenses were treated as revenue. The Commissioner accepted the appellant's detailed breakdown of expenses and ledger extracts as evidence that the expenditure was revenue in nature.

4. The Tribunal, after hearing arguments from both sides, emphasized that the nature of the expenditure should be viewed in the context of the assessee's business to determine its capital or revenue nature. The Tribunal found the nature of the expenses in the current year to be similar to those in previous years allowed as revenue by the Tribunal, following a detailed explanation of the expenses incurred.

5. Given the similarity of issues and facts with previous assessment years, the Tribunal upheld the Commissioner's decision to treat the repairs and maintenance expenses as revenue and dismissed the Revenue's appeal.

In conclusion, the Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) to allow the deductions claimed by the assessee for repairs and maintenance expenses as revenue expenditure, following precedents and detailed examination of the nature of the expenses in relation to the assessee's business activities.