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Issues:
1. Whether the expenses claimed by the assessee are revenue or capital expenditure. 2. Whether the impugned order made by the ld. CIT under section 263 of the IT Act, 1961 is justified. Detailed Analysis: 1. The main issue in this case revolves around determining whether the expenses claimed by the assessee are revenue or capital expenditure. The expenses in question include repairs, fee of architect, and temporary construction of a tea-stall. The ld. CIT held that the repairs carried out by the assessee resulted in a permanent benefit and should be treated as capital expenditure under section 32(1A) of the Act. The assessee, on the other hand, argued that the repairs and architect fee should be considered revenue expenditure based on relevant legal precedents. The Tribunal analyzed the lease deed between the assessee and lessors, stipulations therein, and relevant provisions of the IT Act. Based on the stipulations and legal principles laid down by the High Court and Supreme Court, the Tribunal concluded that the repairs and architect fee are revenue expenditure, while the amount for the tea-stall construction is considered capital expenditure as it involves asset acquisition. 2. The second issue pertains to the validity of the impugned order made by the ld. CIT under section 263 of the IT Act. The ld. CIT set aside the assessments done by the ITO and directed a fresh assessment based on his findings that the original assessments were prejudicial to the interests of the Revenue. The Tribunal carefully examined the arguments presented by the assessee, the legal precedents cited, and the specific provisions of the IT Act related to deductions for repairs and expenses. After thorough consideration, the Tribunal upheld the ld. CIT's order partially, quashing it for the repairs and architect fee but confirming it for the amount related to the tea-stall construction. The Tribunal found that the impugned order lacked merit for the repairs and architect fee, leading to a partial success for the assessee in the appeals for both years. In conclusion, the Tribunal ruled in favor of the assessee partly, holding that the repairs and architect fee are revenue expenditure while the tea-stall construction amount is capital expenditure. The impugned order made by the ld. CIT under section 263 of the IT Act was upheld only for the capital expenditure portion, with the rest being quashed.
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