2019 (7) TMI 677 - HC - Income Tax

Disallowance of expenses on consumption and replacement of stores and spares - revenue expenditure OR capital expenses - HELD THAT - As decided in assessee's own case 2019 (4) TMI 1723 - GUJARAT HIGH COURT expenditure claimed as revenue expenditure is in respect of components of the machinery which cannot be treated as the independent machinery in itself as they are not capable of functioning independently. The chemical and fertilizer plant was very large plant within which again there are large machines and within the machine there are components requiring replacement due to wear and tear, that was different plants within the fertilizers and chemical plant. Reference was also made to past history of disallowance wherein the Tribunal had set aside the issue to the AO for the assessment years 1998-99 to 2002-03, who in turn accepted the explanation furnished by the appellant in de novo assessment proceedings and no additions were made. On perusal of the facts noted by the CIT (Appeals) as well as affirmed by the Tribunal, it is clear that question (a) raised by the revenue is a pure question of fact and in the absence of any perversity being pointed out in the concurrent findings of fact recorded by the Tribunal, does not give rise to any question of law

Summary

Issues Involved:
- Whether the ITAT erred in law and on facts in deleting the addition on account of disallowance of expenses on consumption and replacement of stores and spares by treating them as revenue expenditure instead of capital expenditure.

Issue-wise Detailed Analysis:

1. Nature of Expenses on Consumption and Replacement of Stores and Spares:
The primary issue revolves around whether the expenses incurred on the consumption and replacement of stores and spares should be classified as revenue expenditure or capital expenditure. The revenue argued that these expenses should be treated as capital expenditure, resulting in the disallowance of ?1,36,77,278/-. The CIT(A) examined the facts, submissions, and remand report, noting that the AO failed to provide material evidence that the replaced parts were independent machines providing enduring benefits. The CIT(A) concluded that the parts replaced, such as the Turbine Rotor, Gear Shaft with Gear Part, and Nozzle Ring, were integral components of the main machinery (Steam Turbine) and not independent machines. Therefore, these expenses were deemed revenue expenditure.

2. Examination of Technical Aspects by the AO:
The AO, during remand proceedings, conducted a physical verification and technical assessment of the replaced parts, concluding that these parts were not independent equipment but integral components of a larger machinery system. The AO's findings supported the assertion that the replacements were necessary due to breakdowns and did not enhance the machine's capacity, further validating the classification as revenue expenditure.

3. Replacement of 415V, 3000AMP, 3PH - 40W PMCC for CHP:
Regarding the replacement of the 415V, 3000AMP, 3PH - 40W PMCC for CHP, the AO's remand report suggested that this panel appeared as an independent unit. However, the appellant contended that the panel was part of the Coal Handling Plant and could not function independently. The CIT(A) agreed with the appellant, noting that the replacement was due to obsolescence and deterioration, and did not enhance the plant's capacity. Thus, this expenditure was also treated as revenue expenditure.

4. Affirmation by the ITAT:
The ITAT upheld the CIT(A)'s findings, referencing earlier orders where similar issues were resolved in favor of the appellant. The ITAT noted that in previous assessment years, similar expenses were accepted as revenue expenditure by the AO in set-aside proceedings. The ITAT dismissed the revenue's appeal, emphasizing that the replaced parts were not independent machines and could not function independently.

5. Precedent and Consistency in Rulings:
The High Court noted that the issue was no longer res-integra, citing a previous judgment involving the same assessee where similar facts and circumstances led to the classification of such expenses as revenue expenditure. The court highlighted that the replacement of worn-out parts did not create new assets or increase capacity but restored the machinery to its original state of efficiency.

Conclusion:
The High Court dismissed the revenue's appeal, affirming the ITAT's decision to treat the expenses on the replacement of stores and spares as revenue expenditure. The consistent findings across various levels of adjudication and previous rulings supported this conclusion, with no further adjudication deemed necessary.