2019 (1) TMI 753 - HC - Income Tax

Nature of expenditure - expenditure for re-place of flooring and purchase of air conditioner, dish washing machine, and audio/video equipments in the pub etc. - whether these expenditures should be treated as capital or revenue ? - Held that - We are guided by the decision of Commissioner of Income-tax vs. Dasaprakash, 1976 (7) TMI 3 - MADRAS HIGH COURT held that expenditure like putting of decorated mirrors with pictures of religious personages or putting of plaster-moulded roof decoration in the dining-cum-lecture hall was incurred with a view to beautify the premises and this would have to be recorded as revenue expenditure having regard to the nature of business carried on by the assessee. Furthermore, it was pointed out that this fixtures and fittings cannot be removed and used again, and taking note of the nature of business carried on by the assessee and nature of expenditure, the Hon ble Division Bench held that the Tribunal came to the correct conclusion in holding that those items as revenue expenditure allowable as deduction under Section 37 of the Act. - decided against the Revenue

Summary

Issues:
1. Whether the order of the Tribunal is perverse on facts.
2. Whether certain expenditures incurred by the assessee should be treated as capital or revenue expenditure.

Analysis:
Issue 1:
The appeals were filed by the Revenue under Section 260A of the Income-tax Act against the common order passed by the Income-tax Appellate Tribunal 'B' Bench. The Assessing Officer made additions and disallowances for the assessment years 2006-07 and 2012-13. The Tribunal dismissed the appeal filed by the Revenue, leading to the current challenge before the High Court.

Issue 2:
The key question revolved around whether the expenditures incurred by the assessee should be classified as capital or revenue expenditure. The High Court referred to various precedents to determine the nature of such expenditures. In the case of Commissioner of Income-tax vs. Dasaprakash, it was held that certain items like decorated mirrors and plaster-moulded roof decoration were revenue expenditures as they beautified the premises and were not enduring assets. Similarly, in CIT vs. Ooty Dasaprakash, expenditure for repairs and modernizing the hotel was considered revenue expenditure. The court also cited Comfort Living Hotels (P.) Ltd. vs. CIT, where expenses facilitating business profitability were treated as revenue expenditure.

Further, the court considered the decision in CIT vs. Lake Palace Hotels and Motels (P.) Ltd., emphasizing that expenditure for modernization may fall under revenue expenditure. The court also referred to the Assam Bengal Cement Co. Ltd. vs. CIT case to distinguish between capital and revenue expenditure based on the aim and object of the expenditure. The Revenue relied on the U.P. Hotels Ltd. case, but the High Court found it distinguishable as it did not consider relevant precedents like Empire Jute Co. Ltd. and Dasaprakash.

Moreover, the court highlighted a previous case involving the same assessee, where the Tribunal set aside the Commissioner's order treating renovation expenses as capital expenditure. This decision supported the assessee's position in the current case. Ultimately, the High Court upheld the Tribunal's decision, dismissing the Revenue's appeal and answering the substantial questions of law against the Revenue.