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2016 (6) TMI 486 - AT - Income TaxExpenditure incurred and debited in the P & L account under the head ’repairs & maintenance’ - capital expenditure or revenue expenditure - Held that:- When expenditure incurred for an advantage for the enduring benefit of trade can be attributable to capital expenditure in nature. In the present case also the assessee incurred expenditure for its three locations to the extent of ₹ 1,00,50,077/- under the head repairs and maintenance and the said expenditure created a new asset for the benefit of assessee for its trade. Therefore, we are of the view that the case laws as relied on by the assessee are distinguishable and do not apply to the facts of the case on hand. The expenditure incurred and claimed by the assessee is capital in nature and the assessee is not entitled to claim deduction as revenue expenditure. See Empire Jute Co. Ltd Vs. CIT reported in (1980 (5) TMI 1 - SUPREME Court) - Decided against the assessee.
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