TMI Blog2014 (6) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... that considering the total block of furniture and fixtures, the repairs and maintenance expenditure could not be stated to be unreasonable, particularly when the furniture and fixtures were being used for business centre - furniture and fixtures at business centre require inherent higher maintenance expenditure as business centre are used by a large number of people for commercial purposes result ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 2009-10. The effective grounds raised by the Revenue are as under:- 1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in holding that the amount of ₹ 38,81,321 under the head repairs and maintenance expenses and the amount of ₹ 59,75,995 under the head furniture and fixture are the revenue expenditure. 2. On the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see s own case. 4. After carefully considering the relevant finding of the learned Commissioner (Appeals) and also the Tribunal order dated 29th December 2011, passed in assessee s own case in ITA no.6060/Mum./2010, for the assessment year 2007-08, a copy of which has been placed on record, we find that the issue of disallowance of claim for the repair and maintenance expenses has been the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asonable, particularly when the furniture and fixtures were being used for business centre. The learned CIT(A) has stated that furniture and fixtures at business centre require inherent higher maintenance expenditure as business centre are used by a large number of people for commercial purposes resulting in higher wear-and-tear of the furniture etc. The learned CIT(A) has further stated that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises taken on rent, it is to be allowed as revenue expenditure because no capital asset is acquired by the assessee. Hence, we hold that there is no infirmity in the order of Ld. CIT(A). Therefore, we uphold his order by rejecting the grounds of appeal taken by the department. 5. The aforesaid order of the Tribunal has also been followed in the assessment year 2008-09. Since identical facts ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
