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Issues:
1. Nature of expenditure - capital or revenue? Analysis: The appeal before the Appellate Tribunal ITAT Amritsar involved a dispute regarding the nature of expenditure incurred by the assessee on the purchase of plastic crates for carrying bread. The Revenue contended that the expenditure of Rs. 6,22,000 should be treated as capital expenditure, while the CIT(A) held it to be revenue expenditure for the assessment year 1998-99. The Revenue argued that the expenditure should be considered capital in nature based on the judgment of various High Courts, which held that crates used by a manufacturer constitute a "plant" and, therefore, qualify as capital expenditure. The Assessing Officer disallowed the expenditure based on this argument. However, the assessee maintained that the expenditure was merely for the replacement of old and worn-out iron crates and did not result in the acquisition of any new asset or enduring benefit. The CIT(A) agreed with the assessee's position, citing judgments that supported the view that expenditure on replacement of old machinery is revenue in nature, even if it improves the existing business. After considering the arguments and evidence, the Appellate Tribunal upheld the CIT(A)'s decision. It concluded that the expenditure on replacing part of the machinery, in this case, the iron crates with plastic crates, was revenue in nature. The Tribunal emphasized that the replacement did not lead to the acquisition of new capital assets or an increase in production capacity. The decision was supported by judgments from the Kerala High Court and the Supreme Court, which held similar views on expenditure for the replacement of worn-out machinery being revenue in nature. Therefore, the Tribunal dismissed the Revenue's appeal and upheld the CIT(A)'s order, affirming that the expenditure on replacing the old crates was revenue expenditure, not capital expenditure.
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