M/S. Chiranjeevi Wind Energy Ltd., Chennai vs. DCIT, Coimbatore
In the result, the appeal of the assessee in ITA No
ITA 2468/CHNY/2016[2011-12]Status: DisposedITAT Chennai10 Jul 2017AY 2011-12
Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy
For Respondent: Shri R. Vijayaraghavan, Advocate
Section 143(3)Section 32(1)(iia)Section 35DSection 41Section 41(1)
…ase in capital base is capital expenditure incurred by the assessee company, even though its certainty helps the company in profit making but yet it retains the characteristics of capital expenditure. In the case CIT vs. Motor Industries Limited reported in 229 ITR 139, the Hon’ble Karnataka High Court held that the expenses incurred in relation to right issue where of capital in nature and therefore cannot be claimed as revenue expenditure. Hence we find the order of the Ld.AO to be appropriate in the given circumstance. Accordingly, we hereby set aside the order of the Ld.CIT(A) and reinstate the order of…