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2017 (12) TMI 1265 - AT - Income TaxDisallowing the expenses towards warehousing expenses being expenditure on repairs - nature of expenses - revenue or capital expenditure - Held that:- The undisputed facts of the issue are that the assessee has incurred an expenditure to the tune of ₹ 1,61,33,801/- on the repairs of compound wall which comprises payment for cost of bricks, cement steel, TMT bars , excavation and labour charges etc. Now the issue before us is whether the repair of compound wall constitutes revenue expenses in nature or falls under the category of capital expenditure. After examining the facts on records and relevant contentions, we find that the expenditure is clearly of revenue in nature as the same were incurred to repair and restore the dilapidated wall. Moreover, the case of the assessee finds support of the decision of the Hon’ble Madras High Court in the case of Southern Roadways Ltd (2007 (6) TMI 193 - MADRAS HIGH COURT), wherein it has been held that the expenditure incurred on compound wall is revenue expenditure - Decided in favour of assessee Disallowance u/s 40(a)(ia) - non deduction of tds on payment made to Saikrupa Food Services Private Limited (SKFS) - Held that:- No disallowance is called for as the recipient has already paid the taxes on the sources of income and due certificate was furnished by the assessee. We also find that the case law relied upon by the ld. AR in the case of Ansal Land Mark Township P Ltd (2015 (9) TMI 79 - DELHI HIGH COURT) support the issue of the assessee - Decided in favour of assessee
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