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2018 (2) TMI 1625 - AT - Income TaxRevision u/s 263 - nature of expenditure incurred towards repairs and maintenance of the building - Held that:- The nature of expenditure incurred towards repair and maintenance of the building, whether capital or revenue, requires thorough enquiry and investigation at the end of the Assessing Officer. Without being influenced by the observations of the PCIT, AO is directed to examine the claim of the assessee by calling for necessary and relevant details and making independent enquiry. He has to ascertain whether by incurring such expenditure any structural change to the building/factory premises has been made by the assessee which may result in an enduring benefit or the expenditure are of regular nature. As regards the payment of excise duty, the Assessing Officer after ascertaining the facts from the assessee and verifying the same must disallow the payment made towards penalty as it is not allowable under section.37(1). With the aforesaid observations, we uphold the order of the ld.PCIT to the extent indicated above.
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