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2018 (9) TMI 603 - HC - Income TaxAllowability of additional expenses incurred by the assessee for restructuring its business - revenue v/s capital expenditure - Held that:- The Appellate Tribunal assessed the facts and it was primarily on the appreciation of facts that the Tribunal found that the expenditure on account of restructuring incurred by the assessee had to be regarded as a revenue expenditure. Since the issue as to whether the restructuring of expenses could, in the circumstances, be treated as a revenue expenditure or a capital expenditure was essentially a question of fact and the Appellate Tribunal has taken relevant considerations into account and noticed the law applicable, such question does not call for any reconsideration. Expenditure in relation to unit sold - Held that:- As sale of one of the units of the assessee to Nicholas Piramal India Limited (NPIL) for a consideration of about ₹ 2.43 crore. At the time of the sale of the pharmaceutical business of the assessee as a going concern and for a slump price, it was agreed that the purchaser would take over the risk of the business with effect from January 1, 2002 though the actual transfer of the business to NPIL was on March 27, 2002. In considering the views of the assessing officer and of the Commissioner (Appeals), the Appellate Tribunal referred to the test of determining whether the several businesses of an entity carrying on various businesses could be segregated and regarded as different units or had to be taken as a whole. The Appellate Tribunal referred to the judgment in BR LIMITED VERSUS V.P. GUPTA C.I.T. BOMBAY [1978 (5) TMI 3 - SUPREME COURT] rendered in similar circumstances and was satisfied that since the whole of the expenses of the assessee had been indicated rather than the expenses incurred in respect of the particular unit, the point sought to be raised by the Revenue was of no significance. No real question of law arises on such aspect.
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