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2018 (6) TMI 399 - AT - Income TaxAdditions on account of capitalizing the expenses claimed as revenue expenses - shifting of boiler and cylinder - Held that:- The above issue has already been decided by the coordinate bench in case of the assessee for assessment year 2008- 2009 wherein held mere shifting of boiler from one place to another in the case on hand did not result in creation of any additional and the benefit of the assessee. We, therefore, hold that the expenditure in question is revenue in nature Allowability of repairs expenditure - revenue or capital - Held that:- The revenue could not show us any reason to deviate from the decision of the Hon’ble Punjab and Haryana High Court in assessee’s own case [2011 (2) TMI 143 - PUNJAB AND HARYANA HIGH COURT] wherein the expenses on repair waterproofing groups and renovation outside the main shed building were allowed as revenue expenditure. Therefore respectfully following the decision of the coordinate bench following the decision of the Hon’ble Punjab and Haryana High Court in assessee’s own case we find no infirmity in the order of the Ld. CIT (A) in allowing the claim of the assessee holding that repairs and renovation expenditure with respect to the shed is revenue in nature Addition on account of technical know-how is fees paid to the parent company - revenue or capital - Held that:- CIT (A) has considered the various clauses of the agreement and held that the know-how was to remain the sole and exclusive property of the provider and the appellant company is required to fully exploit the same. Further the technical know-how was also to be paid in relation to the sales affected by the assessee company. It is also required to be noted that assessee is engaged in the same business for which technical know-how is by the assessee and it is not at its an altogether a new line of business which is developed. The Ld. departmental representative could not point out any infirmity in the order of the Ld. CIT (A). - Decided against revenue
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