THE ACIT, COCHIN vs. M/S.MFAR HOTELS & RESORTS LTD, COCHIN
What did the Tribunal hold?
The Tribunal held that the expenditure incurred on renovation and refurbishment of the International Convention Centre was revenue in nature as no new asset was created and the expenditure was for upgrading the existing facility to maintain business standards. The Tribunal found no infirmity in the CIT(A)'s order.
What were the facts?
The assessee incurred substantial expenditure on renovation and refurbishment of its hotel's International Convention Centre. The Assessing Officer treated this expenditure as capital in nature and disallowed it, while the CIT(A) allowed it as revenue expenditure.
What were the issues?
Whether expenditure incurred on renovation and refurbishment of a hotel building is capital or revenue expenditure. Whether such expenditure qualifies for deduction under the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(7)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Empire Jute Co. Ltd. v. CIT622 citing124 ITR 1 · 1980 · SC
- CIT v. Saravana Spinning Mills Ltd.109 citing293 ITR 201 · 2007 · SC · Read judgment
- Ballimal Naval Kishore v. CIT78 citing90 Taxmann 402 · 1997 · SC
- New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT45 citing30 ITR 338 · 1956 · HC
- CIT v. Ooty Dasaprakash24 citing237 ITR 902 · 1999 · HC
- CIT, Madurai v. Saravana Spg. Mills (P) Ltd.14 citing163 Taxmann 201 · 2007 · SC
- Joy Alukkas India (P.) Ltd. v. ACIT3 citing49 Taxmann.com 437 · 2014 · HC · Read judgment
Income Tax Appellate Tribunal, COCHIN
Before: SHRI INTURI RAMA RAO & SHRI SANDEEP SINGH KARHAIL
PER SANDEEP SINGH KARHAIL, J.M : The present appeal by the Revenue and the cross-objection by the assessee have been filed against the impugned order dated 19-03-2015, passed under section 250 of the Income Tax Act, 1961 (“the Act”) by the learned Commissioner of Income Tax (Appeals)-1,Kochi [“learned CIT(A)”],for the assessment year 2011-12. 2. The present appeal and cross-objection have been listed before us pursuant to the order dated 10-10-2022 passed by the Hon’ble
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 37
- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Deputy Commissioner of Income Tax, Circle… vs Sun Pharma Advanced Research Company…ITA 933/AHD/2025[2013-14]Status: Disposed15 Oct 2026AY 2013-14
- Deputy Commissioner of Income Tax, Circle… vs Sun Pharma Advanced Research Company…ITA 932/AHD/2025[2015-16]Status: Disposed15 Oct 2026AY 2015-16
- Deputy Commissioner of Income Tax, Circle… vs Sun Pharma Advanced Research Company…ITA 931/AHD/2025[2014-15]Status: Disposed15 Oct 2026AY 2014-15
- Sun Pharma Advanced Research Company… vs The ACIT, Circle-2(1)(1), VadodaraITA 768/AHD/2025[2015-16]Status: Disposed15 Oct 2026AY 2015-16
Recent GST High Court judgments
Search GST case law →- M/S. Middlex, Puri vs. Commnr. Of State Tax, Banijyakar Bhawan, CuttackOrissa · 14 Oct 2026
- M/S Maa Sunadei Indane Gramin Vitrak, Nayagarh vs. Commissioner Of CT And GST, Cuttack, OdishaOrissa · 14 Oct 2026
- Sunanda Raul vs. The Commissioner Of Commercial Taxes And Goods Nad Services Tax, OdishaOrissa · 14 Oct 2026
- Zakir Hussain Ali Khan vs. Additional Commissioner (Appeals), BhubaneswarOrissa · 14 Oct 2026
- M/S Manorama Nayak, Khorda vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar Iv Circle, KhurdaOrissa · 14 Oct 2026