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2019 (1) TMI 753 - HC - Income TaxNature of expenditure - expenditure for re-place of flooring and purchase of air conditioner, dish washing machine, and audio/video equipments in the pub etc. - whether these expenditures should be treated as 'capital' or 'revenue'? - Held that:- We are guided by the decision of Commissioner of Income-tax vs. Dasaprakash, [1976 (7) TMI 3 - MADRAS HIGH COURT] held that expenditure like putting of decorated mirrors with pictures of religious personages or putting of plaster-moulded roof decoration in the dining-cum-lecture hall was incurred with a view to beautify the premises and this would have to be recorded as revenue expenditure having regard to the nature of business carried on by the assessee. Furthermore, it was pointed out that this fixtures and fittings cannot be removed and used again, and taking note of the nature of business carried on by the assessee and nature of expenditure, the Hon'ble Division Bench held that the Tribunal came to the correct conclusion in holding that those items as revenue expenditure allowable as deduction under Section 37 of the Act. - decided against the Revenue
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