D.C.I.T CIR - 10(1), KOLKATA vs. M/S EUREKA FORBS LTD, KOLKATA

ITA 1248/KOL/2019Status: DisposedITAT Kolkata12 January 2026AY 2014-1553 pages
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What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeals. It also confirmed the order of the CIT(A) regarding the treatment of expenditure on repairs of leased property as revenue expenditure, citing a Supreme Court judgment. The Tribunal further dismissed the Revenue's ground related to depreciation on guest house flats, as the issue was settled by previous Tribunal orders in the assessee's own case.

What were the facts?

The Revenue filed appeals against the ITAT's orders for multiple assessment years, but the appeals were delayed. The Tribunal condoned the delay after the Revenue provided reasons for the same. The appeals concerned various disallowances and adjustments made by the Assessing Officer.

What were the issues?

Whether expenditure on repairs of leased property is revenue or capital expenditure, and whether depreciation on guest house flats should be allowed at 10% or 5%.

Which sections of the Income-tax Act were involved?

Section 250,Section 14A,Section 115JB,Section 92C

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Income Tax Appellate Tribunal, KOLKATA C BENCH, KOLKATA

Before: SHRI PRADIP KUMAR CHOUBEY & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

These appeals filed by the Revenue are against the separate orders of the Commissioner of Income Tax (Appeals)-22, Kolkata [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AYs 2012-13, 2013-14, 2014-15 & 2015-16 dated 31.01.2019 and 22.05.2019, respectively.

1.1.

The Registry has informed that all the four appeals filed by the Revenue are barred by limitation by 17 days. An application seeking condonation of delay has been filed by the Revenue stating that there were proceedings unde

The order continues below.

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