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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

M/S Macmillan Publishers India Pvt Ltd, Chennai vs. ITO, Corporate Circle 4 (1), Chennai

In the result, the appeal filed by assessee is allowed

ITA 2784/CHNY/2019[2011-12]Status: DisposedITAT Chennai19 Sept 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 2784/Chny/2019 िनधा"रण वष" /Assessment Year: 2011-12 Macmillan Publishers India The Acit, Pvt. Ltd., V. Corporate Circle 4(1), No.21, Patullos Road, Chennai. Chennai – 600 002. Pan: Aafcm 5564R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तार"ख/Date Of Hearing : 19.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 19.09.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of Commissioner Of Income Tax (Appeals)-8, Chennai In Ita No.69/18- 19 Dated 16.07.2019. The Re-Assessment Was Framed By The Acit, Company Circle 4(1), Chennai For The Assessment Year 2011-12 U/S.143(3) R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 30.12.2018. I.T.A. No.2784/Chny/2019 2 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A) Confirming The Action Of Ao In Reopening Of Assessment U/S.147 R.W.S 148 Of The Act Even Though There Is No Failure On The Part Of The Assessee To Disclose Fully & Truly The Material Fact Necessary For Its Assessment For The Relevant Assessment Year & The Original Assessment Was Completed U/S.143(3) Of The Act. For This, Assessee Has Raised Various Grounds Regarding Reopening Which Are Exhaustive & Argumentative, Hence Need Not To Be Reproduced.

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(3)Section 147Section 148

returned rights I.T.A. No.2784/Chny/2019 5 We submit that as per section 37(1) of the Act, any expenditure not being in the nature of capital expenditure or personal expenses of the assessee, laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed

Indus Cityscapes, Chennai vs. DCIT Corporate Circle 2 (2), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1226/CHNY/2018[2008-09]Status: DisposedITAT Chennai16 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1226/Chny/2018 िनधा"रण वष"/Assessment Year: 2008-09 M/S. Indus Cityscapes Constructions Vs. The Deputy Commissioner Of Pvt. Ltd., No. 5-C, Ega Trade Centre, Income Tax, 809, Poonamalle High Road, Kilpauk, Corporate Circle 2(2), Chennai 600 010. Chennai. [Pan:Aabci2175A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, Ca ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 06.09.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao: The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-13, Chennai Dated 06.12.2017 Relevant To The Assessment Year 2008-09. 2. Facts Are, In Brief, That The Assessee Company Is Carrying Real Estate, Construction & Related Activities, Filed Return Of Income For The Assessment Year 2008-09 On 30.09.2008 Declaring A Total Income Of ₹.84,76,260/- & The Same Was Processed Under Section 143(1) Of The 2

For Appellant: Shri T. Banusekar, CAFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 143(3)Section 148Section 41(1)

deduction under clause (ia)] of subsection (2), [or clause (c) of sub-section (2B),] of section 35 exceed the amount of the capital expenditure, the excess or the amount of the deductions so made, whichever is the less, shall be chargeable to income-tax as income of the business

M/S. Te Connectivity Services India Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-7(1)(1), Bangalore

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

ITA 191/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Sept 2022AY 2017-18

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.191/Bang/2022 Assessment Year : 2017-18 M/S. Te Connectivity Services India Private Vs. National Faceless Assessment Centre, Limited, Delhi. 59/2, 1St Floor, Gurudas Heritage, Block-B, 100 Feet Ring Road, Banashankari 2Nd Stage, Bengaluru – 560 070. Pan: Aafct 3474 R Appellant Respondent Assessee By : Shri. Sriram Seshadri, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 14.09.2022 Date Of Pronouncement : 16.09.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. Sriram Seshadri, CAFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 92Section 92C

that the shares are granted to employees to either receive securities premium of a lower amount or no securities premium and it is a capital expenditure ignoring the fact that the expenditure is essentially a remuneration to employees to compensate them for their services towards the Appellant and hence ... loss account. 27. The AO rejected the claim of the Assessee on the ground that the Employee Stock Option Plan (ESOP) expenditure being a capital expenditure. The DRP also upheld the order of the AO on the ground that the similar issue on ESOP was pending before

M/S Bosch Limited, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 1629/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 14ASection 35Section 37Section 43BSection 80J

social responsibility. 7.2. That the CIT(A) ought to have appreciated that the expenses incurred by the Appellant was not in the nature of capital expenditure or personal expenses, and therefore was eligible for deduction under Section 37 of the Act.” 47. During the year under consideration, the assessee incurred ... with regard to the deductions. Section 57(iii) reads as under : "Section 57(iii) :- any other expenditure (not being in the nature of capital expenditure) laid out or expended wholly and exclusively for the purpose of making or earning such income." 8.4 Section 37 talks about the expenditure wholly

Proctor & Gamble Home Products Pvt. Ltd, Mumbai vs. Pr. Comm of Income Tax Mumbai -2, Mumbai

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1221/MUM/2022[2015-16]Status: DisposedITAT Mumbai30 Aug 2022AY 2015-16

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleprocter & Gamble Home Vs. Pr. Cit – 2 Products Pvt Ltd., Room No. 344, 3Rd 495 P&G Plaza, Cardinal Floor, Aayakar Gracias Road, Chakala, Bhawan, M.K.Road, Andheri (E), Mumbai -400020. Mumbai- 400099. Pan/Gir No. : Aaacp4072C Appellant .. Respondent Appellant By : Mr. Yogesh Thar & Mr. Jishaan Jain.Ar Respondent By : Mr. Ganesh Bare.Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Revision Order Of The Pr.Commissioner Of Income Tax(Pr.Cit) -2, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Mr. Yogesh Thar &For Respondent: Mr. Ganesh Bare.DR
Section 143(1)Section 143(2)Section 143(3)Section 263Section 37Section 92C

assessment record observed that the A.O has not conducted any enquiry in respect of ISOP and ESOP expenditure, which is in the nature of capital expenditure and do not qualify for deduction u/s 37 of the Act. The Pr.CIT is of the opinion that the assessment order passed ... provisions and explanation 2 to section 263 of the Act as the AO has not verified claims , which is in the nature of the capital expenditure and supported the order of the Pr.CIT 9. We heard the rival submissions and perused the material available on record. The Ld.AR contentions