2024 (2) TMI 1041 - AT - Income Tax

Nature of expenses - treatment of repair maintenance and store and space expenses - whether such expenditure is capital or revenue? - Test of enduring benefit - assessee is required to demonstrate that the expenses have been claimed for a routine up keep of building and plant machinery - contention of the assessee is that the expenditure was incurred to maintain the upkeep of the existing assets and no new asset came into existence by such repairs HELD THAT - Looking to the nature of expenditure made by the assessee it is seen that there are replacement of the entire components and laying of roads etc. Therefore, in our considered view the AO ought to have verified the correctness of the claim that it is purely for the routine upkeep of building and plant machinery and not for major repairs which brought enduring benefit to the assessee. Thus, in the absence of clear finding about the nature and extent of repairs treating the expenditure as capital is not justified. However, it is clarified that in respect of repairs made on road, such expenditure would be allowable since the assessee is not the owner of roads, outside its premises. We, therefore, set aside the impugned order and restore the issue to the file of AO for verification of the correctness of the claim of the assessee. Ground is allowed for statistical purpose.

Summary

Issues Involved:
1. Quashing of the assessment order.
2. Treatment of capital expenses out of repair and maintenance and stores consumed.
3. Classification of balance amount as revenue expense.
4. Initiation of penalty proceedings under Section 271(1)(c) of the Income-tax Act.

Summary of Judgment:

1. Quashing of the Assessment Order:
The assessee contended that the learned CIT(A) erred in not quashing the assessment order and requested that the Assessing Officer (AO) be directed to accept the returned income. This issue was not separately adjudicated by the Tribunal.

2. Treatment of Capital Expenses:
The primary issue for adjudication was whether the expenses on repair and maintenance and stores consumed, amounting to Rs. 45,17,811, should be treated as capital or revenue expenditure. The assessee argued that these expenses were for routine maintenance and did not result in the creation of new assets or enduring benefits. The lower authorities had classified these expenses as capital in nature and allowed depreciation at 15%. The Tribunal noted that the AO should verify whether the expenses were for routine upkeep or for major repairs that provided enduring benefits. The Tribunal set aside the impugned order and restored the issue to the AO for verification.

3. Classification of Balance Amount:
The ground regarding the classification of the balance amount of Rs. 34,92,059 as revenue expense was not pressed by the assessee and was dismissed accordingly.

4. Penalty Proceedings under Section 271(1)(c):
The ground related to the initiation of penalty proceedings under Section 271(1)(c) was deemed premature by the Tribunal and was dismissed.

Conclusion:
The Tribunal allowed the assessee's appeal for statistical purposes, directing the AO to verify the nature and extent of the repairs to determine whether the expenses should be treated as capital or revenue in nature. The order pronounced was in favor of the assessee for statistical purposes.