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2019 (2) TMI 320 - KERALA HIGH COURTNature of expenditure - revenue or capital - submitting a tender for the purpose of construction, equipping, operation and maintenance of two berths on Build, Operate and Transport (BOT) basis in the Vaizag Port - expenditure being 'once for all' - test of 'enduring benefit' - Held that:- Assessee as engaged in Port related activities and had also carried out constructions in Ports and the submission of tender for a BOT project for the Vaizag Port was a related activity. The project did not take off and as held by the Supreme Court in ALEMBIC CHEMICAL WORKS COMPANY LIMITED [1989 (3) TMI 5 - SUPREME COURT] on the facts in this case there was no enduring benefit obtained by the assessee. It broke down when the Government of India cancelled the tender. We do not find any question of law arising, since the facts have been gone into by the Tribunal and held in favour of the assessee.
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