2016 (7) TMI 274 - AT - Income Tax

Disallowance of claim for the expenditure on account of major repairs & maintenance - Assessee Company engaged in the business of manufacturing & selling of cement - Held that - As major repair expenses were regarded as revenue in nature in the earlier years. Therefore relying on the same as stated in the aforesaid decision of this Hon ble Tribunal in assessee s own case, we find no reason to interfere in the order of learned CIT(A) directing the AO to allow the expenditure incurred on account of major repairs and maintenance - Decided in favour of assessee

Summary

Issues:
1. Disallowance of claim for expenditure on major repairs & maintenance.

Analysis:
The appeal arose from the order of the Commissioner of Income Tax (Appeals)-IV, Kolkata regarding the disallowance of a claim for expenditure on major repairs and maintenance amounting to ?247.63 lacs for the assessment year 2008-09. The Revenue contended that the expenditure was capital in nature and would provide enduring benefits to the company. The assessee, a Private Limited Company engaged in cement manufacturing, had claimed major repair expenses in addition to normal repair and maintenance costs. The major repair expenses included the replacement of three gearboxes necessary to keep the plant operational. The Assessing Officer (AO) disallowed the claim, considering the expenses as enduring and capital in nature.

The Commissioner of Income Tax (Appeals) deleted the addition made by the AO, citing a previous decision in favor of the assessee for the assessment year 2007-08. The Commissioner held that the major repair expenses were revenue in nature and hence allowable. The Revenue appealed this decision before the Appellate Tribunal.

During the hearing, the Departmental Representative relied on the AO's order, leaving the decision to the Tribunal. On the other hand, the Authorized Representative for the assessee relied on the order of the Commissioner of Income Tax (Appeals). The Tribunal noted a previous decision in the assessee's favor for assessment years 2006-07 and 2007-08, where similar major repair expenses were considered revenue in nature by the Tribunal's "B" Bench Kolkata. The Tribunal referred to a certificate from a Chartered Engineer certifying the repair and maintenance expenses as not leading to an increase in the rated capacity of the plant or equipment. The Tribunal also cited relevant legal principles regarding the nature of repair expenses and the distinction between revenue and capital expenditure.

Based on the consistent view taken in previous years and the legal precedents cited, the Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the Revenue's appeal. The Tribunal found no reason to interfere with the order, considering the major repair expenses as revenue in nature. Consequently, the Revenue's appeal was dismissed, and the order was pronounced on 19/04/2016.