THE PR. COMMISSIONR OF INCOME TAX-4 vs. GODAVARI SHILPKALA LTD.
What did the High Court hold?
The Tribunal held that although the benefit of the expenses might be enduring, no new asset was created. Therefore, the expenses should be treated as revenue expenditure, affirming the CIT(A)'s decision.
What were the facts?
The Revenue appealed against an ITAT order that deleted an addition of Rs. 74,67,248 made by the Assessing Officer on account of repairs and maintenance expenses. The core issue was whether these expenses were revenue in nature.
What were the issues?
Whether repairs and maintenance expenses, even if providing an enduring benefit, should be treated as revenue expenditure if no new asset is created.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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.
- Assam Bengal Cement Co. Ltd. v. CIT174 citing27 ITR 34 · 1955 · SC · Read judgment
- Ballimal Naval Kishore v. CIT78 citing90 Taxmann 402 · 1997 · SC
ITA No. 378/2016 Page 1 of 2
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1. +
ITA 378/2016
THE PR. COMMISSIONR OF INCOME TAX-4 ..... Appellant
Through: Mr. Puneet Rai, Advocate.
versus
GODAVARI SHILPKALA LTD.
..... Respondent
CORAM: JUSTICE S.MURALIDHAR JUSTICE NAJMI WAZIRI
O R D E R %
25.07.2016
This appeal by the Revenue is against the order dated 2nd November 2015 passed by the ITAT in ITA No.5634/Del/2013 for the Assessment Year (‘AY’) 2009-10.
The question sought to be urged by the Revenue is whether the ITAT was justified in concurring with the Commissioner of Income Tax (Appeals) [‘CIT(A)’] who deleted the addition made by the Assessing Officer (‘AO’) of Rs.74,67,248 on account of repairs and maintenance expenses.
The question that arose was whether the said expenses were of revenue in nature since the benefit was of enduring in nature? Factually it was found both by the CIT (A) as well as ITAT that although the benefit may be of enduring nature no new asset came into existence and that, in the facts and circumstances of the case, the expenses should be treated only as revenue
ITA No. 378/2016 Page 2 of 2
expenditure.
Learned counsel for the Revenue has relied upon the decisions of the Supreme Court in Assam Bengal Cement Co.Ltd. v. Commissioner of Income Tax, West Bengal (1955) 27 ITR 34 (SC) and Ballimal Naval Kishore v. Commissioner of Income Tax (1997) 90 Taxman 402(SC).
The Court finds that the specific findings reached in those cases turned on the facts. As far as the present case is concerned, factually it was concluded that no new asset came into existence. In the circumstances, the decision of the CIT (A), affirmed by the ITAT, to delete the addition made by the AO by treating the expenses as a revenue expenditure appears to be a plausible one.
No substantial question of law arises for consideration.
The appeal is dismissed.
S.MURALIDHAR, J
NAJMI WAZIRI, J JULY 25, 2016 mg
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026