ACIT, CIRCLE- 10(2), NEW DELHI vs. GREEN DELHI BQS LIMITED, NEW DELHI
In the result, the appeal of the Revenue in ITA No
ITA 3068/DEL/2018[2011-12]Status: DisposedITAT Delhi03 Aug 2022AY 2011-12
Bench: Shri N.K. Billaiya & Shri N.K. Choudhry
For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Aashna Paul, CIT- DR
Section 143(3)Section 36
…y the assessee but by third party, the expenditure incurred by the assessee would not be capital expenditure but revenue expenditure [see Lakshmi Sugar Mills Co.(P) Ltd. versus CIT, (1971) 3 SCC 526, CIT versus Bombay Dyeing and Manufacturing Co. Ltd., (1996) 3 SCC 496]. 13. The test distinguishing capital and revenue expenditure as laid down in Atherton versus British Insulated and Helsby Cables Ltd.,(1925) 10 TC 155, reads as under:- "But there remains the question, which I have found more difficult, whether apart from the express prohibitions, the sum in question is (in the words used by Lord Sumner in Ushe…