Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2009 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (10) TMI 19 - PUNJAB AND HARYANA HIGH COURTCurrent Repairs - The assessee made a claim for repair and maintenance of buildings which was partly disallowed by the AO on the ground that the same gave enduring benefit to the assessee. - The disallowance by the AO was upheld by the CIT(A) - The expenditure which was allowed by the AO was disallowed by holding that the same would confer advantage and would bring into existence new asset and such expenditure was beyond the concept of ‘current repairs’ under section 31 of the Act. The Tribunal restored the order of the Assessing Officer and set aside the enhancement – held that - test laid down for determining whether particular expenditure was covered by the concept of ‘current repairs’ is well known and though it may, to some extent, over-lap with the parameters applied for determining whether expenditure was revenue or capital with reference to Section 37 of the Act, there may be difference to the extent that even capital expenditure may be covered by ‘current repairs’ in certain situations – order of ITAT sustained.
|