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
…ber of cases holding that where the property constructed is not owned by 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 prohibit…