2013 (9) TMI 762 - HC - Income Tax

Disallowance of maintenance expense replacement of old parts of machinery - whether revenue or capital in nature - Held that - The machinery in question was old and was purchased by the assessee in the year 1999-00 - Old machinery required repairs to keep it operational and in working condition - Nature and character of the expenses was examined after perusal of item-wise details of repair. It was found that the repairs were in respect of brackets, bearing, belts, chain, loader, electrical motor rewinding, face plates, gas cutter pipe nuts and bolts, washers, champs, PVC pipes, pulley, MS plates, wire mesh, welding rods, wooden gutka, ruli, shafts, lever pin etc - Repairs were towards replacement of parts of machines and no new machine was purchased - Reference was made to the maintenance expenditure for earlier years and that stone crushers require heavy maintenance and generally the full benefit of maintenance was consumed within a short period - The factual matrix as discussed by the appellate authorities is not controverted and denied by the appellant by filing requisite material - Details of the maintenance expenses have not been placed on record to question the factual findings Maintenance expenses allowed - Decided against the Revenue.

Summary

Issues:
Condonation of delay in re-filing the appeal, rejection of machinery maintenance expenses claimed by the assessee, examination of factual matrix by the appellate authorities, refusal of remand for fresh enquiry, assessment by the Assessing Officer, consideration of nature and character of expenses, comparison of expenses with total sales turnover.

Analysis:
The judgment deals with an application for condonation of delay in re-filing an appeal, where the delay was initially stated as 285 days but the appellant sought condonation for 70 days. The court examined the appeal on merits and found that the assessment order lacked detailed consideration of the expenses claimed by the assessee for machinery maintenance. The appellant requested a remand for fresh enquiry/assessment, which was rejected by the court, emphasizing the Assessing Officer's responsibility to carefully assess such claims initially. The appellate authorities had already accepted the factual position presented by the respondent assessee, leading the court to dismiss the appeal due to lack of grounds to challenge these findings.

Regarding the machinery maintenance expenses, the assessee had debited a significant amount towards maintenance, but the Assessing Officer rejected the expenditure, citing that the expenses were related to capital expenditure rather than current repairs. The court noted that the assessment order did not provide a detailed breakdown of the expenses or analyze the nature of the maintenance expenses claimed, leading to a lack of proper consideration by the Assessing Officer.

The first appellate authority and the tribunal thoroughly examined the nature and character of the expenses, finding that the repairs were primarily for the replacement of parts of the old machinery, not for purchasing new machines. They also considered the historical maintenance expenditure for stone crushers and its consumption within a short period. Additionally, the expenses were compared with the total sales turnover for multiple years to provide context and justification for the maintenance expenses claimed.

Ultimately, the court upheld the decisions of the appellate authorities, emphasizing that the factual matrix was not disputed or supported by additional evidence from the appellant. The court refused the request for remand, highlighting the Assessing Officer's duty to address the contentions and facts presented by the assessee initially. As a result, the appeal was deemed to lack merit, leading to the dismissal of the application for condonation of delay and subsequently, the appeal itself.