Empire Jute Co. Ltd. v. CIT

124 ITR 1Supreme Court of India1980#95 most cited

What is Empire Jute Co. Ltd. v. CIT authority for?

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

622

judgments rely on this decision, according to BharatTax’s citation analysis of 366,416 Indian tax judgments — from 2008 to 2026.

Also referred to as

Empire Jute Co. Ltd. v. CIT · Section 37(1) · Section 37 · revenue expenditure · capital expenditure · enduring benefit test · test of enduring benefit not conclusive · business necessity · commercial expediency · practical business point of view · facilitation of trading operations · business efficiency

Issues it is cited on

Judgments citing Empire Jute Co. Ltd. v. CIT

Unifi Capital (P) Ltd., Chennai vs. ACIT, Chennai

In the result, the appeal of the assessee is partly allowed

ITA 184/CHNY/2017[2009-10]Status: DisposedITAT Chennai04 Oct 2017AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकरअपीलसं./I.T.A.No.184/Mds/2017 ("नधा"रणवष" / Assessment Year: 2009-10) Vs The Acit, M/S. Unifi Capital (P) Ltd., 11, Kakani Towers, 15, Company Circle – Iii(3), Khader Nawaz Khan Road, Chennai Chennai – 600 006. Pan: Aaacu5196J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Ms. Nithya Sankaran, Ca अपीलाथ"क"ओरसे/ Appellant By : Shri Asish Tripathi, Jcit ""यथ"क"ओरसे/Respondent By : 31.08.2017 सुनवाईक"तार"ख/Date Of Hearing : 04.10.2017 घोषणाक"तार"ख /Date Of Pronouncement

For Appellant: Shri Asish Tripathi, JCITFor Respondent: 31.08.2017
Section 143(1)Section 143(3)Section 14ASection 250(6)

…see for acquiring the license is for the period of one year, thereafter it is renewable on yearly basis. (ii) Therefore the assessee has not derived any benefit of enduring nature. (iii) Reliance was placed in the case Empire Jute Co Ltd. vs. CIT reported in 124 ITR 1(SC), wherein the Hon’ble Apex Court held “If the advantage consists merely in facilitating the assessee’s trading operations or enabling the management and conduct of the assessee’s business to be carried on more efficiently or more profitably while leaving the fixed capital untouched, the expenditure would be on revenue account, even though the a…