2008 (10) TMI 133 - HC - Income Tax

Assessee, conducting rides at amusement park - payment made for advice on application of techniques of predictive breakdowns so that the assessee can execute predictive maintenance of the structures from time to time - Tribunal concluded that there was no addition in the capital field and the expenditure was incurred by the assessee in the interest of its business - Tribunal rightly held that the expenditure was of a revenue nature and was not in the capital field.

Summary

Issues:
1. Nature of payment made by the assessee to Bijnor Steel and Alloys Pvt. Ltd.
2. Classification of the payment as capital expenditure or revenue expenditure.

Analysis:
Issue 1: Nature of Payment
The appeal in question pertains to the Tribunal's order regarding the payment made by the assessee to Bijnor Steel and Alloys Pvt. Ltd. for technical advice on maintenance of rides at an amusement park. The payment was specifically for advice on materials, consumables, and methodologies for steel structures without disrupting the rides. Additionally, the advice included techniques for predictive maintenance to prevent unexpected breakdowns or public casualties at the amusement park.

Issue 2: Capital vs. Revenue Expenditure
The Tribunal applied the legal principles established in Empire Jute Co. Ltd. v. CIT [1980] 124 ITR 1 (SC) to determine the nature of the expenditure. It found that there was no evidence of replacement or renewal of the rides or their parts, and the warranty provided by Bijnor Steel and Alloys Pvt. Ltd. was limited to six months. Consequently, the Tribunal concluded that the payment was made for technical advice related to the maintenance of existing assets and did not result in any addition to the capital field. Therefore, the expenditure was deemed to be incurred in the ordinary course of business and was classified as revenue expenditure.

In summary, the High Court upheld the Tribunal's decision, stating that no substantial question of law arose from the application of legal principles in determining the nature of the payment. The appeal was dismissed, affirming that the expenditure was of a revenue nature and not in the capital field, based on the specific circumstances and advice provided by Bijnor Steel and Alloys Pvt. Ltd.