1990 (12) TMI 120 - AT - Income Tax

Summary

Issues:
1. Claim for payment of custom duty on repatriated equipments.

Analysis:
The case involved a construction company that repatriated equipment from Iraq and claimed customs duty paid on it as a revenue expenditure. The Assessing Officer disallowed the claim, upholding the decision based on the Sitalpur Sugar Works Ltd. case, stating that the shifting of machinery provided an enduring benefit. The appellant argued that the nature of their business required routine shifting of machinery for operational purposes, citing the Empire Jute Co. Ltd. case and a circus analogy from the Hind Construction & Engg. Co. Ltd. case to support their claim that the expenditure was revenue in nature. The Departmental Representative contended that the shifting provided a capital benefit, similar to the Sitalpur Sugar Works Ltd. case, and supported capitalization of the amount in the books of account.

The tribunal considered the nature of the expenditure in question, distinguishing between capital and revenue expenditures. It noted that the shifting of machinery for operational purposes, without enhancing the asset's value or capacity, did not provide a capital benefit. Referring to the Hind Construction & Engg. Co. Ltd. case, the tribunal emphasized that the expenditure must be integral to the profit-earning process and not for acquiring a permanent asset to be considered revenue expenditure. It concluded that the customs duty paid for transporting the machinery did not result in a lasting capital advantage, making it an allowable revenue deduction. The tribunal directed the withdrawal of depreciation allowed on this sum, ruling in favor of the assessee on this ground.

In summary, the tribunal's decision hinged on the distinction between revenue and capital expenditures in the context of routine machinery shifting for operational purposes. By analyzing relevant case law and the specific circumstances of the case, the tribunal determined that the customs duty payment did not confer a lasting capital benefit, warranting its treatment as a revenue expenditure.