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2017 (9) TMI 639 - AT - Income TaxRepairs and maintenance expenses - nature of expenditure - revenue or capital - Held that:- We are inclined to set aside and restore this issue back to the file of the AO for denovo determination of the issue on merits in accordance with law keeping in view ratio of decision in the case of RPG Enterprises Limited v. DCIT (2016 (7) TMI 71 - BOMBAY HIGH COURT) as is applicable to the nature of the expenditure incurred by the assessee keeping also in view that the assessee is holding the premises under JV agreement with MMTC for a period of 15 years for running a business centre and also earlier decisions in assessee’s own case shall also be duly kept in view while adjudicating in de-novo proceedings. The assessee is directed to produce all relevant evidences/ explanations before the AO in its defense, which shall be admitted by the AO in the interest of justice. Proper and adequate opportunity of being heard shall be provided by the AO to the assessee in accordance with principles of natural justice in accordance with law.
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