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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 Nanobi Data and Analytics Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result the appeal filed by assessee stands partly allowed

ITA 472/BANG/2017[2013-14]Status: DisposedITAT Bangalore07 Mar 2022AY 2013-14

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Nanobi Data & Analytics Pvt. Ltd., The Deputy No. 1289/1090/E, Commissioner Of 18Th Cross, 3Rd Sector, Income Tax, Vs. Hsr Layout, Circle – 5(1)(1), Bangalore – 560 102. Bangalore. Pan: Aadcn8822F Appellant Respondent : Shri S.V. Ravishankar, Assessee By Advocate : Capt. Pradeep Shoury Arya, Revenue By Addl. Cit (Dr) Date Of Hearing : 21-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 11/11/2016 By The Ld.Cit(A)-5, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income Tax (Appeals) In So Far It Is Against The Appellant, Is Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts Of & The Circumstances In The Appellant'S Case. 2. The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Not Giving The Appellant A Reasonable Opportunity Of Being Heard In The Impugned Matter. 3. That Notice Under Section 143(2) Having Been Served After The Expiry Of Time Limit Stipulated Under Section 143(2) Is Time Barred & Hence Bad In Law & The Order

For Respondent: Shri S.V. Ravishankar
Section 142(1)Section 143(2)Section 143(3)Section 56(1)(vii)

Commissioner of Income Tax Appeals has erred in confirming the disallowance of Rs.1,71,379/- being payment of salary and erroneously held to be capital expenditure incurred towards purchase of securities, which is contrary to the facts of and in the circumstances of the Appellants case. 6. The learned Commissioner ... confirming the disallowance of Rs. 2,51,429/ - being expenditure incurred towards registration of Trade Mark which was erroneously held to be a capital expenditure, contrary to the facts of and in the circumstances of the Appellants case. 7. The learned Commissioner of Income Tax Appeals has erred in confirming