2016 (11) TMI 943 - AT - Income Tax

Disallowance of repair of machinery expenses - revenue v/s capital expenditure - Held that - Replacement of the machinery was within the ambits of the expression current repairs which was needed as per the view point of the assessee as a business man. Hence, hereby direct to allow the expenditure in question as revenue expenditure. Ground allowed in favour of assessee.

Summary

Issues:
1. Disallowance of repair of machinery expenses treated as capital expenditure.

Analysis:

Issue 1: Disallowance of repair of machinery expenses treated as capital expenditure

The appellant, engaged in grit manufacturing, contested the disallowance of an expenditure of ?12,57,360 by the Assessing Officer, who considered it as the purchase of new capital assets instead of repair expenses. The Assessing Officer allowed depreciation but disallowed the expenditure. The Commissioner of Income-tax (Appeals) upheld the disallowance, stating that the expenditure was capital in nature as it involved purchasing machinery components like a crusher, vibrator, granulator, and conveyor, which could set up a new plant or replace worn-out machinery. The Commissioner emphasized that such expenditure did not qualify as current repairs under section 31(i) of the Act. The appellant argued that the purchases were for repair and maintenance, not for new machinery assembly, as the parts were integral to the existing plant. The appellant cited precedents to support the claim that the expenditure was revenue in nature. The Tribunal held that the purchases were for replacement and maintenance of existing machinery, constituting revenue expenditure under section 31 of the Income-tax Act. The Tribunal distinguished the case law cited by the Commissioner, emphasizing that the parts purchased were not capable of independent function. Consequently, the Tribunal allowed the expenditure as revenue, overturning the lower authorities' decision. The Tribunal's ruling favored the appellant, allowing the appeal against the disallowance.

In conclusion, the Tribunal's judgment revolved around the crucial issue of whether the expenditure on machinery parts constituted capital or revenue expenditure. The Tribunal analyzed the nature of the purchases, the purpose of the expenditure, and relevant legal provisions to determine that the expenses were for current repairs, not for acquiring new capital assets. By distinguishing precedents and emphasizing the integral nature of the parts to the existing machinery, the Tribunal concluded that the expenditure qualified as revenue under section 31 of the Income-tax Act. The judgment highlights the importance of distinguishing between capital and revenue expenditure in assessing tax liability, ensuring adherence to legal provisions and precedents to make informed decisions.