HOTEL ALLIED TRADES PVT. LTD vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX
What did the High Court hold?
The Tribunal affirmed the disallowance of the claim as revenue expenditure, stating that Explanation-1 to Section 32(1) applies to capital expenditure on leased buildings, and depreciation would be allowed. The High Court dismissed the appeal, finding no reason to interfere with the Tribunal's order.
What were the facts?
The assessee claimed an amount of Rs. 101.87 lakhs as revenue expenditure for additions to buildings and electrical fittings on leasehold premises. The Assessing Officer and CIT(A) treated this as capital expenditure but allowed depreciation.
What were the issues?
Whether expenditure incurred on additions to buildings and electrical fittings on leasehold premises is revenue or capital expenditure, and the applicability of Explanation-1 to Section 32(1) of 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(1)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.
- Indus Motor Company P. Ltd. v. DCIT13 citing382 ITR 503 · 2016 · HC
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946 ITA NO. 7 OF 2023 APPELLANT HOTEL ALLIED TRADES PVT. LTD C/O CASINO HOTEL, WILLINGDON ISLAND,KOCHI PAN AAACH 6770 P, PIN - 682682 BY ADVS. ABRAHAM JOSEPH MARKOS ISAAC THOMAS' P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA JOHN VITHAYATHIL AIBEL MATHEW SIBY RESPONDENT/RESPONDENT THE ADDITIONAL COMMISSIONER OF INCOME-TAX CIRCLE 1(2), KOCHI, PIN - 682018 OTHER PRESENT: SC-JOSE JOSEPH THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ITANo. 7 of 2023 2 J U D G M E N T ============ Dated this the 21st day of May, 2024
Dr. A.K.Jayasankaran Nambiar, J.
The appellant-M/s. Hotel & Allied Trades Pvt. Ltd. impugns the order dated 09.11.2022 of the Income Tax Tribunal that was passed in relation to the appellant for the assessment year 2009- 10. 2. By the said order, the Appellate Tribunal had affirmed the order of the Assessing Authority as also the First Appellate Authority that disallowed a claim for an amount of Rs.101.87 lakhs as revenue expenditure since, according to the Assessing Authority and the First Appellate Authority, the expenditure that was incurred by the appellant/assessee by way of addition to buildings and electrical fittings on leasehold premises was in the nature of capital expenditure and not revenue expenditure. In the appeals before us, the appellant raises the following questions of law:
ITANo. 7 of 2023 3 “a) Whether on the facts and in circumstances of the case the Tribunal is justified in confirming the disallowance of the claim for deduction of the cost of repairs and additions incurred on buildings in leasehold premises amounting to Rs.1,01,87,412/-? b) Whether on the facts and in the circumstances of the case, there is any material or evidence on record to justify the finding of the Appellate Tribunal that the sum of Rs.1,01,87,412/- cannot be allowed as deduction for the assessment year in question? 3. We have heard Sri.Abraham Joseph Markos, the learned Counsel for the appellant and Sri.Jose Joseph, the learned Standing Counsel for the Income Tax Department. 4. The sole issue that arises for consideration is whether the claim by the appellant/assessee of an amount of Rs.101.87 lakhs as revenue expenditure is allowable or not. The Assessing Authority as also the First Appellate Authority while considering the claim of the appellant/assessee found that based on the description of the expenditure as given by the appellant/assessee, the expenditure was more in the nature of capital expenditure and not revenue expenditure and hence, the appellant could not
ITANo. 7 of 2023 4 claim these expenses as revenue expenses for the assessment year in question. The alternate claim of the appellant/assessee to permit them to claim depreciation to the prescribed extent in respect of the said expenditure incurred by them was however allowed by the said authorities. In the further appeal carried by the appellant before the Income Tax Appellate Tribunal, the Appellate Tribunal found as follows in respect of the claim for revenue expenditure: 6. Disallowance of Current Repairs 6.1 The assessee claimed an amount of Rs.101.87 lakhs as revenue expenditure which is addition to building and electrical fittings on leasehold premises. The Ld. AO, invoking Explanation-1 to Sec.32(1) held that capital expenditure incurred on a leased building was to be capitalized and depreciation would be allowed. Therefore, the amount of Rs.101.87 lakhs was disallowed. The Ld. CIT(A) confirmed the same but directed the LD. AO to allow depreciation on capital component of expenditure. Aggrieved the assesee is in further appeal before us. 6.2. From the facts, it emerges that the assessee has incurred expenditure on existing building which is erected on leased land. This being so, Explanation-1 would apply since the nature of expenditure is capital expenditure. Therefore, the expenditure is to be capitalized and
ITANo. 7 of 2023 5 depreciation would be allowable to the assessee. The Ld. AO is directed to allow depreciation on this expenditure. The asessee is directed to provide requisite details. This ground stand partly allowed.”
The learned Senior Counsel for the appellant would point out that the Appellate Tribunal merely went by the Explanation-1 to Section 32(1) of the Income Tax Act ('the IT Act for short) and presumed that the expenditure incurred by the appellant/assessee was capital expenditure incurred on a lease building which had to be capitalized and only depreciation would be allowed thereon. He takes us to the judgment dated 17.06.2016 of a Full Bench of this Court in Indus Motors Co.P.vt. Ltd. v. Deputy Commission of Income Tax [(2016) 382 ITR 503 (Ker)]:(ITA No.14 of 2015) to point out that the provisions of Explanation-1 to Section 32(1) could not be mechanically applied to any claim made by an assessee in relation to an expenditure incurred on lease premises. The nature of the expense, whether capital or revenue, had to be first ascertained and it was only in circumstances where the expenditure was found to be a capital expenditure that the provisions of Explanation-1 to Section 32(1) of the IT Act could
ITANo. 7 of 2023 6 be applied. It is the submission of the learned Senior Counsel that in the impugned order of the Tribunal, the Tribunal has mechanically applied the provisions of Explanation -1 to Section 32(1) of the IT Act to the case of the assessment and further, it does not specifically refer to the aforementioned decision of the Full Bench of this Court. He therefore prays for a remand of the case to the Tribunal for a fresh consideration of the issue. 6. Per Contra, Sri.Jose Joseph, the learned Standing Counsel for the Income Tax Department would point out that by the impugned order, the Tribunal has merely affirmed the orders of the Assessing Authority and the First Appellate Authority. The orders of the Assessing Authority and the First Appellate Authority clearly discuss the claim made by the assessee and find that, based on the description of the expenses as given by the assessee, the expenses had to be treated as capital expenditure and not revenue expenditure. He points out therefore that, the Tribunal had in fact endorsed the findings of the authorities below, on facts, as regards the nature of expenses incurred by the assessee and it did not mechanically apply the provisions of Explanation-1 to Section 32(1) of the IT Act.
ITANo. 7 of 2023 7 7. On a consideration of the rival submissions, we find force in the submission of the learned Standing Counsel for the Income Tax Department for we find that the assessing authority and the First Appellate Authority have clearly relied on the written submissions given by the assessee to find that the nature of the expenses incurred by the assessee was capital in nature. We also find that neither in the grounds of appeal before the First Appellate Authority nor before the Tribunal was there any material produced by the assessee to show that the expenses incurred by them were revenue in nature. If the assessee had in fact a case that the expenditure incurred by it was revenue in nature, then it was for the assessee to produce materials that would clearly demonstrate that the expenditure was revenue in nature. This not having been done at any stage before the First Appellate Authority or the Appellate Tribunal, we see no reason to interfere with the impugned order of the Tribunal which merely endorses the views taken by the said authorities. 8. Before parting with this case, and taking note of the apprehension raised by the learned Senior Counsel, we reiterate that the applicability of Explanation -1 to Section 32(1) of the IT
ITANo. 7 of 2023 8 Act has to follow an independent finding by the Assessing Authority on whether the expenditure incurred by an assessee is capital or revenue in nature. This is the ratio of the decision of the Full Bench of this Court in Indus Motors Co.P Ltd (supra) and it is binding on all the authorities under the IT Act. In the result, we dismiss the IT Appeal by answering the questions of law raised therein against the assessee and in favour of the revenue. Sd/- DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/- SYAM KUMAR V.M. JUDGE smm
ITANo. 7 of 2023 9 APPENDIX OF ITA 7/2023 PETITIONER ANNEXURES Annexure A STATEMENT OF EXPENDITURE Annexure B TRUE COPY OF ASSESSMENT ORDER DATED 14- 12-2011 OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, KOCHI Annexure C TRUE COPY OF THE ORDER DATED 15.03.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, COCHIN Annexure D TRUE COPY OF THE SECOND APPEAL DATED 08.05.2017 FILED BY THE APPELLANT BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN. Annexure E CERTIFIED COPY OF THE ORDER DATED 09.11.2022 OF THE APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN ITA ITA NO. 187/COCH/2017 FOR ASSESSMENT YEAR 2009- 10 Annexure F TRUE COPY OF JUDGMENT DATED 18.05.2022 IN ITA 28 OF 2017 OF THIS HON'BLE COURT
Similar judgments
Other orders that rely on the same authority or decide the same section.
- M/S. Joyalukkas India Ltd vs The Assistant Commissioner of Income TaxKerala21 Dec 2022Dismissed
Also relies on Indus Motor Company P. Ltd. v. DCIT
The Tribunal was justified in dismissing the appeal as the assessee failed to provide evidence that the capital work-in-progress was related to renovation and not a capital expenditure. The onus was on the assessee to su...
- M/S.Escapade Resorts Pvt.Ltd vs The Assistant Commissioner of Income TaxKerala18 May 2022Partly Allowed
Also relies on Indus Motor Company P. Ltd. v. DCIT
The High Court found the findings of the lower authorities regarding the expenses unsustainable due to lack of details and remitted the matter to the Assessing Officer for fresh consideration. The Tribunal's order of rem...
- The Pr. Commissioner of Income Tax vs M/S Bharat Mines and MineralsKarnataka27 Sept 2024Dismissed
Also decided under Section 32(1) with the same outcome
The High Court disposed of the appeal with liberty to the revenue to revive it if it falls within exceptions to the CBDT circulars. The substantial questions of law were kept open.
- Principal Commissioner of Income Tax-2… vs Kesoram Industries LtdCalcutta22 May 2024Dismissed
Also decided under Section 32(1) with the same outcome
The High Court found no reason to interfere with the ITAT's order, noting that the ITAT had followed its own prior decisions on identical controversies for the same assessee. Both substantial questions of law were answer...
- The Principal Commissioner of Income Tax-4 vs M/S. Bridge & Roof Co. (India) LimitedCalcutta6 Dec 2021Dismissed
Also decided under Section 32(1) with the same outcome
The High Court held that the Commissioner's revision order under Section 263 was not justified as it lacked particulars and failed to demonstrate that the order was erroneous and prejudicial to the revenue. The Tribunal ...
More judgments on Section 32(1)
- Dish Infra Services Pvt Ltd, Noida vs PCIT-1, DelhiITA 2448/DEL/2025[2020-21]Status: Disposed16 Sept 2026AY 2020-21
- M/S. Marlabs Innovations Private Limited… vs Deputy Commissioner of Income Tax…ITTPA 1809/BANG/2024[2020-21]Status: Disposed11 Sept 2026AY 2020-21
- Deputy Commissioner of Income Tax, Chennai vs Magick Woods Exports Private Limited…ITA 3377/CHNY/2025[2018-19]Status: Disposed13 Aug 2026AY 2018-19
- Mrpl Education Trust, Mangaluru vs The Commissioner of Income Tax(Exemptions)…ITA 2060/BANG/2025[2018-2019]Status: Disposed30 Jul 2026AY 2018-2019
- Teksystems Global Services Private Limited… vs DCIT, Circle - 2(1), HyderabadITA 1145/HYD/2026[2017-18]Status: Disposed24 Jun 2026AY 2017-18
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026