2018 (10) TMI 1846 - HC - Income Tax

Allowable revenue expenditure - Expenditure on replacement of old machinery by purchase and installation of new machinery - HELD THAT - A Division Bench of this Court in the case of Super Spinning Mills Ltd. Vs. ACIT 2013 (9) TMI 88 - MADRAS HIGH COURT considered an identical Substantial Question of Law as framed in these appeals and after taking note of the decision of the Hon ble Supreme Court in Saravana Spinning Mills Pvt. Ltd. and Mangayarkarasi Mills (P) Ltd. remanded the matter to the CIT (Appeals) to decide the issue as to whether the expenditure in effect could be treated as revenue expenditure. In the light of the legal position as enunciated in Saravana Spinning Mills Pvt. Ltd. 2007 (8) TMI 16 - SUPREME COURT and Mangayarkarasi Mills (P) Limited 2009 (7) TMI 17 - SUPREME COURT we are of the considered view that the matter has to be remanded for fresh consideration. Though in the case of Super Spinning Mills Ltd. 2013 (9) TMI 88 - MADRAS HIGH COURT the Division Bench thought fit to remand the matter to CIT(A) we are of the considered view that the matter should be remanded to the Assessing Officer since the assessee company is under liquidation and there has also been a change of name. Appeals filed by the Revenue are allowed and the orders passed by the Tribunal the Commissioner of Income Tax (Appeals) as well as the assessment orders are set aside and the matter is remanded to the Assessing Officer for fresh consideration who shall afford an opportunity to the assessee or the liquidator who is incharge of liquidation proceedings to state their case in a proper perspective and decide on the issue as to whether the expenditure in effect could be treated as Revenue expenditure.

Summary

Issues:
1. Whether the expenditure on replacement of old machinery by purchase and installation of new machinery is allowable as revenue expenditure?

Detailed Analysis:
The appeals by the assessee were filed against the common order passed by the Income-Tax Appellate Tribunal for various assessment years. The substantial question of law admitted for consideration was whether the Tribunal was correct in allowing the expenditure on replacement of old machinery with new machinery as revenue expenditure. The court heard arguments from both parties, even though the tax effect was below the prescribed limit, due to certain procedural issues raised by the Revenue regarding the reopening of assessments under Section 147 of the Income Tax Act.

The main issue for consideration was whether the expenditure incurred by the assessee on replacing old machinery with new machinery could be considered as revenue expenditure. The court referred to a previous Supreme Court judgment in the case of Commissioner of Income Tax vs. Saravana Spinning Mills Pvt. Ltd., where it was held that each machine in a textile mill should be treated independently and not merely as part of the entire machinery. Another Supreme Court case, Commissioner of Income Tax vs. Mangayarkarasi Mills (P) Ltd., further clarified the independent role of each machine in a textile mill.

A Division Bench of the High Court had previously remanded a similar issue to the Commissioner of Income Tax (Appeals) for fresh consideration based on the Supreme Court judgments. In the present case, the court decided to remand the matter to the Assessing Officer instead of the CIT(A), considering the liquidation status of the assessee company and a change in name. Therefore, the court allowed the appeals filed by the Revenue, setting aside the previous orders and remanding the matter to the Assessing Officer for a fresh decision on whether the expenditure could be treated as revenue expenditure.

In conclusion, the court allowed the appeals, set aside the previous orders, and remanded the matter to the Assessing Officer for fresh consideration, providing an opportunity for the assessee or the liquidator to present their case regarding the treatment of the expenditure as revenue expenditure. The substantial question of law was left open, and no costs were awarded in this judgment.