2013 (11) TMI 130 - AT - Income Tax

Scope of the term Current Repairs - Disallowance of the cost of chamber assembly Held that - Following the principles laid down in Saravana Spinning Mills P. Ltd 2007 (8) TMI 16 - SUPREME COURT OF INDIA - When an integral part of the machine is replaced it would come within the connotation of current repairs - Replacing compressor in the air-condition machine and picture tube in the television set would come within the connotation of current repairs under section 31(i) - Chamber assembly is one of the integral part of the intermix machine like compressor in the air-conditioner or picture tube in the television set - Replacing of chamber assembly in the intermix chamber is only for the purpose of maintaining the intermix chamber in a working condition - Intermix machine consists of bed plate, mixing chamber (chamber assembly), top cylinder, motor, gear, hydraulic power pack - Chamber assembly is fully integrated to the bed plate below the top cylinder - The chamber assembly cannot perform any independent and separate function. It functions only when it is fed with rotors and other parts of the intermix machine Decided against revenue.

Summary

Issues involved:
1. Disallowance of the cost of chamber assembly.

Analysis:

Issue 1: Disallowance of the cost of chamber assembly
The appeal involved a dispute regarding the treatment of the cost incurred for replacing the chamber assembly in the intermix machine. The taxpayer argued that the replacement cost should be considered as revenue expenditure falling under "current repair," citing the function and integration of the chamber assembly within the intermix machine. The taxpayer emphasized that the chamber assembly is not capable of independent function and is an integral part of the intermix machine. The taxpayer distinguished the case from a previous judgment concerning the replacement of a ring frame, highlighting the specific functioning and independence of the ring frame in that case. The Departmental representative contended that the replacement of the chamber assembly provided an enduring benefit, warranting treatment as capital expenditure. The Tribunal examined the technical aspects of the intermix machine, emphasizing the interdependence of the chamber assembly with other components for its functioning. Drawing from the apex court's judgment in a similar case involving the replacement of a ring frame, the Tribunal concluded that replacing the chamber assembly constituted "current repairs" akin to replacing a compressor in an air-conditioning machine or a picture tube in a television set. Consequently, the Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) for the assessment year 2007-08 in favor of the taxpayer, directing the Assessing Officer to allow the claim for the expenditure on replacing the chamber assembly as revenue expenditure for the assessment year 2006-07. The appeal in I. T. A. No. 467/Coch/2009 was allowed, while that in I. T. A. No. 280/Coch/2010 was dismissed.

This detailed analysis of the judgment highlights the key arguments presented by both parties, the Tribunal's examination of the technical aspects of the intermix machine, and the application of legal principles from a previous apex court judgment to determine the nature of the expenditure on replacing the chamber assembly.