TMI Blog2014 (8) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... lant and machinery, after considering the nature of the expenditure incurred by the assessee as aforementioned in the table, we are of the considered view that the said expenditure do not result in any enduring benefit to the assessee as the expenses are periodically necessary for running the business of the asseseee. Therefore, the authorities below are not justified in treating the same to be capital in nature. - Decided in favour of assessee - ITA No. 277/Mum/2013 - - - Dated:- 28-8-2014 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER Assessee by : Shri Manish V. Shah Revenue by : Shri Sumit Kumar O R D E R PER Dr. S.T.M. PAVALAN, JM: This appeal filed by the assessee is dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure were capital in nature. Aggrieved by the impugned decision, the assessee is in the appeal before us. 4. Having heard both the sides and perused the material on record, it is observed that the Tribunal in the assessee s own case, in ITA Nos. 8389, 8467/Mum/2011 for the A.Y. 2008-09, has decided a similar expenditure on account of renovation of godown floor as revenue in nature. Following the said order, we are of the considered opinion that the expenditure on account of replacement and maintenance on building amounting to ₹ 7,78,200/- has to be treated as revenue expenditure and the assessee is entitled for the claim of deduction. 4.1 On the issue of disallowance of repairs and maintenance expenditure of plant machin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the assessee on account of repairs and maintenance to plant and machinery, after considering the nature of the expenditure incurred by the assessee as aforementioned in the table, we are of the considered view that the said expenditure do not result in any enduring benefit to the assessee as the expenses are periodically necessary for running the business of the asseseee. Therefore, the authorities below are not justified in treating the same to be capital in nature. Accordingly, we set aside the order of the Ld.CIT(A) and direct the AO to allow the expenditure claimed by the assessee as revenue expenditure. Resultantly, the additions sustained/made by the Ld.CIT(A)/AO stand deleted. 5. In the result, the appeal filed by the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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