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2019 (7) TMI 1440 - BOMBAY HIGH COURTCharacterization of expenditure - expenditure incurred by way of renovation and Interior work of Stadium, construction of foundation of camera, staircase, control room, fabrication and erection of structural steels, fixing of MS sliding gates, different pipes for sprinkler system in the main ground, excavation of soil, purchasing of LED Reply screen, electric materials etc. for upgrading the stadium in accordance with ICC Standards - revenue or capital expenditure - HELD THAT:- Perusal of the materials on record and in particular the impugned judgment of the Tribunal would show that the respondent-assessee had organized several matches of ICC Champion’s Trophy. In order to do so, the assessee had undertaken upgradation of the stadium which included arranging the facility for training and warm up areas, providing passages, walk ways, staircase etc., improving the media facility, installation of electronic score board and other similar facilities. The board had also expended in providing proper security and car parking facilities. It was in this background the Tribunal had held that the expenditure was revenue in nature. Looking to the nature of expenditure, it can be seen that the assessee did not create a new asset or create a source of enduring benefit. Essentially, the expenditure was for upgradation of the existing facilities. No question of law arises.
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