2021 (1) TMI 733 - AT - Income Tax

Nature of expenditure - expenditure incurred on the cost of Gripper which is used in the robotic arms forming part of high pressure die casting machines - revenue or capital expenditure - HELD THAT - Hon ble Supreme Court in the case of Sarvana Spinning Mills Ltd. 2007 (8) TMI 16 - SUPREME COURT cannot be applicable to the facts of the present case and undisputedly the claim for deduction is not u/s. 31 but u/s. 37 of the Act. Therefore the finding of the ld. CIT(A) replacement of part of machinery does not fall under current repairs is irrelevant. In the circumstances the reasoning of the ld. CIT(A) cannot be sustained in the eyes of law. In the present case admittedly the claim for deduction was not u/s. 31 but u/s. 37 of the Act. Therefore the test to be applied what is replaced is only part and the necessity of replacement had arisen on account of the part become old and there is no increase in productivity or capacity after the replacement. Admittedly it is not the case of the Revenue that on account of replacement of this part of machinery in productivity or capacity of production had gone up and this machine can independently work and deliver the different output. In the circumstances we hold that the expenditure can be allowed as revenue deduction. The expenditure incurred on the replacement of Gripper can be allowed as revenue deduction - Decided in favour of assessee.

Summary

Issues:
- Whether the expenditure incurred on the cost of Gripper used in robotic arms forming part of high pressure die casting machines can be allowed as revenue expenditure.

Analysis:
1. The appeal was filed against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2010-11. The appellant, a company engaged in manufacturing various products, claimed a loss in its return of income. The Assessing Officer disallowed an expenditure on Repairs and Maintenance, treating it as capital expenditure.

2. The Commissioner of Income Tax (Appeals) upheld the Assessing Officer's decision, considering it a case of substitution of old asset by a new one, not falling under current repairs and maintenance as defined in the Income Tax Act. The appellant challenged this decision before the Appellate Tribunal.

3. During the appeal, the appellant argued that the Gripper for robotic arms, being part of the main machines, should be treated as revenue expenditure. They cited relevant case laws to support their claim. The Senior CIT-DR, however, supported the decision of the Commissioner of Income Tax (Appeals).

4. The Tribunal analyzed whether the expenditure on the Gripper, a part of high pressure die casting machines, could be considered revenue expenditure. It noted that the Gripper was not capable of functioning independently and did not increase productivity or capacity. The Tribunal referred to legal precedents to support its decision.

5. The Tribunal highlighted that the expenditure on the Gripper was for replacement due to wear and tear, with no enhancement in productivity. It differentiated the case from precedents where replacement led to increased productivity. As the claim was under Section 37, not Section 31 of the Act, the Tribunal held that the expenditure could be allowed as revenue deduction.

6. Considering the facts and legal principles, the Tribunal set aside the lower authorities' orders and directed the Assessing Officer to allow the expenditure as revenue deduction. The appeal filed by the appellant was allowed, emphasizing that the expenditure on the replacement of the Gripper should be treated as revenue expenditure.

7. The judgment clarified the distinction between capital and revenue expenditure, emphasizing the necessity and impact of replacement on productivity and capacity. By applying relevant legal principles and factual analysis, the Tribunal concluded that the expenditure on the Gripper was allowable as revenue deduction under Section 37 of the Income Tax Act.