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“capital expenditure”

Business ExpensesSection 37Section 373,515 judgments

The decision most relied on for capital expenditure is Empire Jute Co. Ltd. v. CIT (124 ITR 1), cited in 622 judgments on BharatTax.

Leading authorities on capital expenditure

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

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.

Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
227 ITR 172 · 1997 · Supreme Court
621
citing judgments

Interest income earned on deposits, particularly before the commencement of business operations or as a requirement for business licensing, is taxable as "income from other sources" under Section 56, and cannot be treated as business income or set off against interest on borrowed funds.

Madras Industrial Investment Corporation Ltd. v. CIT
225 ITR 802 · 1997 · Supreme Court
568
citing judgments

Expenditure that provides an enduring benefit should be amortized over its useful life, not allowed as a deduction in a single year, to prevent a distorted picture of profits. Specifically, premium paid on debentures for their issue should be amortized on a straight-line method over the life of the debentures.

South Indian Bank Ltd. v. CIT
438 ITR 1 · 2021 · Supreme Court
508
citing judgments

The mixed fund theory is affirmed, holding that no disallowance of interest expenditure under Section 14A can be made if the assessee possesses sufficient non-interest bearing funds, such as capital and reserves, to cover investments made in tax-free securities.

CIT v. Institute of Banking Personnel Selection
264 ITR 110 · 2003 · High Court
398
citing judgments

Depreciation is allowable on assets for which the cost has been fully allowed as an application of income under Section 11 in previous years, when computing the income of a charitable trust. Charitable trusts are also entitled to carry forward their deficit.

Taparia Tools Ltd. v. JCIT
372 ITR 605 · 2015 · Supreme Court
343
citing judgments

An expenditure does not automatically become capital in nature merely because it results in some enduring benefit for the assessee; it can be treated as revenue expenditure if incurred for genuine business purposes.

Biocon Ltd. v. DCIT
35 Taxmann.com 335 · 2013 · ITAT
322
citing judgments

The discount arising from the grant of Employee Stock Option Plans (ESOPs) is an allowable business expenditure under Section 37(1) of the Income-tax Act, 1961, as it is an ascertained liability, not a contingent one, and constitutes a revenue expense rather than a capital expense.

Alembic Chemical Works Co. Ltd. v. CIT
177 ITR 377 · 1989 · Supreme Court
275
citing judgments

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

Judgments citing capital expenditure

International Seaport (Haldia) Pvt. Ltd., Kolkata vs. ACIT, Cir-12(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 328/KOL/2023[2018-19]Status: DisposedITAT Kolkata11 Dec 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.328/Kol/2023 (निर्धारण वर्ा / Assessment Year : 2018-2019) International Seaport (Haldia) Vs Acit, Circle-12(1), Kolkata Private Limited, C/O S.N.Ghosh & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata-700001 Pan No. :Aaci 9468 D (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Somnath Ghosh, Ar रधजस्व की ओर से /Revenue By : Shri Santanu Ghosh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 11/12/2025 घोषणा की तारीख/Date Of Pronouncement : 11/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.02.2023 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld.Ar That Two Issues Are Involved In The Assessee’S Appeal, One Is The Denial Of The Deduction U/S.80Ia Of The Act In Respect Of Miscellaneous Income To An Extra Rs.4,99,372/- & The Second Issue Was Disallowance Of The Disallowance Of The Amortization Of The Leasehold Rent Allegedly By The Ao Claiming The Same To Be Claim Of Depreciation To An Extent Of Rs.42,32,776/-. It Was Submission That In Respect Of The One Number Imported Slewing Ring Roller Bearing From The Original Manufacturer Of The Same I.E. Rothe Erde, Germany, Which Was An Important & Expensive Spare Required For The Operation Of The Stacking &

For Respondent: Shri Santanu Ghosh, Sr.DR
Section 143(3)Section 80Section 80I

appellant submitted that it had incurred an amount of Rs. 11,96,08,329 as non-refundable and non-adjustable premium with other capital expenditure for the leasehold land as stipulated in the Build-Own-Transfer (BOT) agreement with Kolkata Port Trust, Haldia Dock Complex. The appellant further submitted that ... appellant. 7. It was submission that the assessee had paid Rs.11,96,08,329/- as a non-refundable and none adjustable premium with other capital expenditure for the leasehold rent as stipulated in the Build-Operate- Transfer (BOT) with Kolkata Port Trust, Haldia Dock Complex. The assessee had amortized this

Dabur India Limited, Delhi vs. ACIT/DCIT, Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 3085/DEL/2025[2021-22]Status: DisposedITAT Delhi10 Dec 2025AY 2021-22

Bench: Shri S.Rifaur Rahman & Shri Yogesh Kumar U.S.Dabur India Limited, Vs. Acit, Circle 7 (1), 8/3, Asaf Ali Road, Delhi. Delhi – 110 002. (Pan : Aaacd0474C) (Appellant) (Respondent) Assessee By : Shri Chandan Agarwal, Ca Revenue By : Shri Dayainder Singh Sidhu, Cit Dr Date Of Hearing : 17.09.2025 Date Of Order : 10.12.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Addl./Jcit (A), Kochi [“Ld. Jcit(A)”, For Short] Dated 17.03.2025 For The Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “1. That The Ld. Cit(A) Has Erred On Facts & In Law In Holding That The Appeal Filed Against Order Passed U/S 143(1) Is Infructuous As The Order Is Merged With The Assessment Order Passed U/S 143(3) R.W.S 144C(3) R.W.S 144B. 2. That The Order Of The Ld. Cit(A) Is Bad In Law As No Opportunity Of Being Heard Was Granted To The Appellant.

For Appellant: Shri Chandan Agarwal, CAFor Respondent: Shri Dayainder Singh Sidhu, CIT DR
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 154Section 35Section 35(1)Section 35(1)(iv)Section 80G

which CPC has not considered carried forward credit u/s 115JB of the Act and not allowed the capital expenditure incurred by the assessee u/s 35(1)(iv) of the Act. In this regard, assessee also filed rectification application u/s 154 of the Act, however the same was not disposed