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TMI Blog2006 (6) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... i for the assessment year 2001-02. The assessee has raised following ground before us : "On the basis of the facts and circumstances of the case and provisions of law, the Assessing Officer is wrong and unjustified in treating Rs. 4,75,000 being expenses incurred on repairs of office building as capital expenditure and ld. CIT(A) has erred in confirming the disallowance." 2. The Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of rain and humid condition of Mumbai and that the property was not properly maintained by the previous land lord. The Assessing Officer relied upon Schedule-Ill of Clause-8 of the agreement for sale deed dated 28-4-1998 according to which following amenities were to be provided by the builder/promotor: "It is expressly agreed that the said premises shall contain save and except shop/ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y oil painted on both sides. ( c )The frames of the doors and windows will be made of good quality. ( d )One hold rope and one handle with Godrej Night Latch shall be provided." 2.1 The Assessing Officer held that the expenditure of Rs. 4,75,000 is of capital nature and not allowable as revenue expenditure and allowed depreciation at the prescribed rates. 3. The action of Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand strongly supported the assessment order and the appellate order. He submitted that it is a case of reconstruction of existing unit and hence to be treated as capital expenditure. 6. We have considered the rival submission. We find that when the office was purchased in the year 1998 it was fitted with flooring, door frame window frame etc. Thereafter in the year 2000-01, the assessee got s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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