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Issues involved: Assessment of expenditure on general repairs for a branch office as revenue or capital expenditure.
Summary: The High Court of Punjab and Haryana addressed the issue of whether a sum of Rs. 40,176 claimed by a limited company for general repairs in connection with its branch office should be treated as revenue or capital expenditure. The company, engaged in various business activities, had filed its income tax return for the assessment year 1968-69, declaring an income of Rs. 2,75,634. The assessing officer disallowed a portion of the claimed expenditure on general repairs, leading to subsequent appeals by the company. The Appellate Tribunal ultimately held that the expenditure in question was allowable as business expenditure, as it was incurred for the necessary repairs of the branch office. The revenue challenged this decision, leading to the reference of the question of law to the High Court. Upon consideration, the High Court found in favor of the assessee, upholding the Tribunal's decision that the expenditure on repairs at the branch office was indeed revenue expenditure. The Court emphasized that the nature of the repairs, being frequent or periodic in nature, justified their treatment as business expenditure rather than capital expenditure. It was noted that the durability of the repairs did not automatically classify them as capital expenditure, and the revenue failed to demonstrate any specific items indicating a capital nature of the expenditure. Therefore, the Court affirmed the Tribunal's decision, ruling in favor of the assessee and against the revenue.
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