2010 (9) TMI 162 - HC - Income Tax

Expenditure - in respect of transformer, pumping set, mono block and consultancy charges for selection of boiler and construction of cells - Capital or revenue - Held that - purchase of transformers in replacement of existing transformer, which could not be used independently, falls within the category of revenue expenditure and hence, is an allowable deduction under Section 37(1) of the Act. These expenditure are, thus, treated as Revenue expenditure - construction of cell room as capital expenditure - question partly in favour of the assessee and partly in favour of the Revenue

Summary

Issues Involved:
1. Nature of expenditure on dismantling and construction of cell room.
2. Nature of expenditure on purchase of transformers, pumping sets, and mono block HP motors.

Issue-wise Detailed Analysis:

1. Nature of expenditure on dismantling and construction of cell room:

The primary issue was whether the expenditure incurred on dismantling the old PCC and RCC work of the cell room and constructing a new cell room should be classified as capital or revenue expenditure. The assessee argued that the expenditure was for repairs and therefore should be treated as revenue expenditure. The CIT (A) and the Tribunal had differing views, with the Tribunal ultimately treating it as revenue expenditure.

The court, however, held that the expenditure was capital in nature. The judgment emphasized that the CIT (A) and the Tribunal failed to provide detailed reasoning for their conclusions. The court highlighted that the expenditure involved complete demolition and reconstruction, which indicated the creation of a new asset rather than mere repairs. The court referred to the Supreme Court judgment in Saravana Spinning Mills Pvt. Ltd. to clarify that "current repairs" are meant to preserve and maintain an existing asset without bringing a new asset into existence. The court concluded that the expenditure on the cell room was capital expenditure because it resulted in the creation of a new asset, and thus, it could not be allowed as business expenditure under Section 37(1) of the Act. The assessee would be entitled to depreciation on this capital expenditure.

2. Nature of expenditure on purchase of transformers, pumping sets, and mono block HP motors:

The second issue was whether the expenditure on purchasing transformers, pumping sets, and mono block HP motors should be treated as capital or revenue expenditure. The court noted that these items were not standalone equipment but were part of a larger plant. Therefore, their replacement would be considered as part of the maintenance of the plant.

The court referred to the Gujarat High Court's decision in Commissioner of Income Tax Vs. Udaipur Distillery Co. Ltd., which held that the purchase of transformers as replacements for existing ones, which could not be used independently, falls within the category of revenue expenditure. Consequently, the court concluded that the expenditure on transformers, pumping sets, and mono block HP motors should be treated as revenue expenditure and allowed as a deduction under Section 37(1) of the Act.

Conclusion:

The court answered the referred question partly in favor of the assessee and partly in favor of the Revenue. The Tribunal was correct in allowing the expenses on transformers, pumping sets, and mono block HP motors as revenue expenditure. However, it erred in allowing the expenses on the construction of the cell room as revenue expenditure, which should be treated as capital expenditure.