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TMI Blog2013 (2) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... ried on renovation work by providing false ceiling and furniture modification - Held that:- Temporary structure by means of false ceiling and office renovation had not resulted in any capital expenditure – As decided in CIT v. Madras Auto Service P. Ltd. [1998] 233 ITR 468 (SC) expenditure incurred in respect of the maintenance of the leased premises was deductible as revenue expenditure – In favo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that they were eligible for depreciation at 100 per cent. However, this expenditure was treated as capital expenditure. Thus, the assessment made on the assessee holding that part of the furniture and fittings were eligible for depreciation at the rate of 10 per cent. Aggrieved by the same, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), who agreed with the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred the present tax case (appeal).Learned counsel appearing for the assessee placed reliance on the decision of this court reported in CIT v. Ayesha Hospitals P. Ltd. [2007] 292 ITR 266 (Mad), wherein in respect of the claim made for the assessment year 1991-92, the assessee claimed the amounts spent on painting, relaying of the damaged floors, partitions, etc., as revenue expenditure. On an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the asses-see incurs capital expenditure on the construction of any structure or doing of any work, in or in relation to, and by way of renovation or extension of, or improvement to the building. 5. Applying the above said decision of this court to the facts of the present case, we hold that the temporary structure by means of false ceiling and office renovation had not resulted in any capital e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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