2012 (10) TMI 438 - AT - Income Tax

Repairs and maintenance - Capital v/s Revenue - CIT(A) deleted the addition - Held that - CIT(A) held that the repairs were carried out to provide best patient care, excellent atmosphere and hygienic conditions. Similar repairs had been carried out in the case of another hospital of the group company where the AO had treated the repair and maintenance of the building in that case also as capital expenditure which was deleted by the Hon ble ITAT, Chandigarh. Hence the addition here also to be deleted. Basis and reasoning given by Ld.CIT(A) are convincing and neither any contrary material is placed on record nor any higher court s order is filed when it is otherwise a covered matter - in favour of assessee.

Summary

Issues:
1. Disallowance of repair and maintenance expenses treated as capital expenditure for assessment year 2004-05.
2. Disallowance of repair and maintenance expenses treated as capital expenditure for assessment year 2007-08.

Issue 1: For assessment year 2004-05, the Assessing Officer disallowed 30% of the repair and maintenance expenses claimed by the assessee as capital expenditure under section 37(1) of the Income Tax Act. The assessee contended that the expenses were for the preservation and maintenance of the hospital building, not for capital improvements. The CIT(A) accepted the assessee's plea and deleted the addition based on the facts presented. The CIT(A) relied on a previous ITAT decision related to a similar case and concluded that the repairs were necessary for providing the best patient care and maintaining hygienic conditions. The Revenue appealed against the CIT(A) order, arguing that the Assessing Officer's decision was legally valid. However, the ITAT upheld the CIT(A) decision, stating that the reasoning given by the CIT(A) was sound, no contrary material was presented, and the decision was in line with precedent. Therefore, the appeal of the Revenue for assessment year 2004-05 was dismissed.

Issue 2: In the case of assessment year 2007-08, the Assessing Officer disallowed 30% of the repair and maintenance expenses on the grounds that the expenditure exceeded 35% of the asset value and included items like false ceiling and new tiles/windows. The CIT(A) deleted the addition by following a previous ITAT decision related to a similar case. The Revenue appealed against the CIT(A) order, arguing that the CIT(A) failed to consider the proportion of expenditure to asset value and the nature of the expenses. The ITAT, after considering the arguments from both sides and the precedent set in the earlier year's decision, upheld the CIT(A) order and dismissed the Revenue's appeal for assessment year 2007-08.