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2020 (2) TMI 1285 - HC - Income TaxNature of expenditure - expenditure on the replacement of plant and machinery - revenue or capital expenditure - HELD THAT - As relying on Desai Brothers 1974 (9) TMI 9 - GUJARAT HIGH COURT we have no hesitation in coming to the conclusion that the Tribunal committed an error in holding that the expenditure incurred on replacement of plant and machinery is a capital expenditure. In such circumstances, we answer the first substantial question of law in favour of the assessee and against the Revenue. Disallowance being tools and dies written off - HELD THAT - We take notice of the fact that while disturbing the finding of fact recorded by the CIT(A), the Tribunal has not assigned any good reason. The Tribunal straightway proceeded to disturb such finding. The expenditure incurred on dies and tools is a recurring revenue expenditure and no capital asset of enduring benefit comes into existence more so because the dies need to be replaced often. Second substantial question of law stands squarely covered by the decision in the case of Banco ( 2018 (1) TMI 1309 - GUJARAT HIGH COURT ) and Sunbeam ( 2012 (6) TMI 59 - DELHI HIGH COURT ) and we propose to follow the ratio of both the decisions. - Decided in favour of assessee.
Issues Involved:
1. Claim of bad debt write-off. 2. Incorrect fact recording by the Tribunal regarding the bad debt becoming bad after 31/03/1997. 3. Treatment of expenditure on replacement of Plant and Machinery as capital expenditure. 4. Treatment of expenditure on Dies and Tools, which are consumable, as capital expenditure. Issue-wise Detailed Analysis: 1. Claim of Bad Debt Write-off The Tribunal did not allow the claim of bad debt even though the assessee had written off the debt in its books of accounts. The High Court noted that the Tribunal's decision was based on an incorrect premise and held that the Tribunal committed an error in not allowing the claim of bad debt. 2. Incorrect Fact Recording by the Tribunal The Tribunal recorded an incorrect fact that the debt became bad after 31/03/1997. The High Court found this recording to be perverse and not aligned with the factual matrix of the case. 3. Treatment of Expenditure on Replacement of Plant and Machinery as Capital Expenditure The Tribunal upheld the Assessing Officer's decision to treat the expenditure on the replacement of plant and machinery as capital expenditure. The High Court, however, disagreed with this assessment, citing the CIT(A)'s findings that the repairs did not result in the creation of a new asset but were necessary to restore the damaged parts. The High Court referenced the case of Desai Brothers, which held that expenses for maintaining an existing asset do not create a new asset or advantage of enduring benefit and should be treated as revenue expenditure. The High Court concluded that the Tribunal erred in its judgment and ruled that such expenditure should be considered revenue expenditure. 4. Treatment of Expenditure on Dies and Tools as Capital Expenditure The Tribunal treated the expenditure on dies and tools, which are consumable, as capital expenditure. The High Court noted that the CIT(A) had correctly treated these expenses as revenue expenditure, given that the dies and tools are frequently replaced and do not create an enduring benefit. The High Court referenced the decisions in Banco Aluminium Ltd and Sunbeam Auto Ltd, which supported the view that such expenditures are revenue in nature. The High Court found that the Tribunal did not provide substantial reasoning for overturning the CIT(A)'s findings and ruled that the expenditure on dies and tools should be treated as revenue expenditure. Conclusion The High Court quashed the Tribunal's order and ruled in favor of the assessee on both substantial questions of law. The Tribunal's decision to treat the expenditures on the replacement of plant and machinery and on dies and tools as capital expenditures was overturned, and these were directed to be treated as revenue expenditures. Both substantial questions of law were answered in favor of the assessee and against the Revenue.
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