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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

ACIT-3(1)(1), Mumbai, Ayakar Bhawan vs. Samsonite South Asia Pvt Ltd, Andheri

In the result, appeal of the Revenue is dismissed

ITA 4278/MUM/2025[2010-11]Status: DisposedITAT Mumbai30 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Assistant Commissioner Of Samsonite South Asia Pvt. Ltd. Income Tax 3(1)(1) 402/Ackruti Star, Midc, 607, Ayakar Bhawan, M.K. Andheri East, Vs. Road, Mumbai – 400093 Mumbai - 400020 (Pan: Aaacs8598L) (Appellant) (Respondent) Present For: Assessee : Jitendra Singh, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 12.08.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1075686655(1), Dated 21.04.2025, Passed Against The Order By Additional Commissioner Of Income Tax 8(3), Mumbai U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.03.2014, For Assessment Year 2010- 11. 2. Grounds Taken By The Revenue Are Reproduced As Under: (1) Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Correct In Allowing The Entire Amount Of Rs.7,32,38,757/- Incurred By The Assessee For Building Of ‘Samsonite’ Brand Without Appreciating The Fact That These Expenses Were Incurred Towards Creating Intangible Rights In Its Favour Which Are Capable Of Giving Enduring Benefits To The Assessee Company & Hence Are Assignable Over A Number Of Year?

For Appellant: Jitendra Singh, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 143(3)

Assessing Officer had made disallowance of Rs. 9,76,51,676/- out of the total tabulated expenses by treating the same as capital expenditure on which he allowed depreciation. According to the ld. Assessing Officer, these expenses contributed to the creation of intangible rights in the form of brand rights ... business. 22. Furthermore learned counsel submitted that the allocation of 50% out of advertisement expenditure and 60% out of sales promotion expenses as capital expenditure towards brand building is totally without any basis and based upon surmises. 23. Per Contra learned departmental representative relied upon the order

JCIT (OSD) -3(4), Mumbai vs. Sterlite Technologies Limited, Aurangabad

In the result, appeals of both, the Revenue and the assessee are dismissed

ITA 612/MUM/2024[2016-17]Status: DisposedITAT Mumbai30 Sept 2025AY 2016-17

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17 Sterlite Technologies Limited Principle Commissioner Of E-1 Waluj, Midc Industrial Income Tax- 27, Vs. Area, Aurangabad - 431136 Navi Mumbai Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Assessment Year: 2016-17 Principle Commissioner Of Sterlite Technologies Limited Income Tax- 27, E-1 Waluj, Midc Industrial Vs. Navi Mumbai Area, Aurangabad - 431136 Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Present For: Assessee : Shri Nikhil Tiwari & Ms. Palak Mehta, Cas Revenue : Shri Satyaprakash R. Singh, Cit Dr & Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Are Filed By The Assessee & Revenue Against The Orders Of Commissioner Of Income Tax (Appeals)-13, Pune, Vide Order No. Itba/Apl/M/250/2023-24/1058725938(1), Dated Sterlite Technologies Ltd. Ay 2016-17 13.12.2023 Passed Against The Assessment Order By Acit, Ltu, Circle- 1, Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 21.12.2018 For Assessment Year 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1.1 Erred In Upholding The Action Of The Learned Assessing Officer ('Ao') In Not Allowing The Claim Of Appellant That The Rate Of Ddt In Respect Of Dividend Distributed To Its Overseas Holding Company Ought To Be Restricted To The Rate Of Tax Of 5% Prescribed Under Article 10(2) Of Applicable India- Mauritius Dtaa & That The Appellant Is Eligible For Refund Of Ddt Paid In Excess Of Such Rate.

For Appellant: Shri Nikhil Tiwari and Ms. Palak Mehta, CAsFor Respondent: Shri Satyaprakash R. Singh, CIT DR and Shri Leyaqat Ali Aafaqui, Sr. DR
Section 115JSection 143(3)Section 14ASection 43B

Account, (2) the liability was not a contingent or notional liability but an ascertained liability and it uxis also not a capital expenditure, (3) ESOPs were granted to the employees of the company as per the scheme for motivating them to work for a certain number of years and Sterlite

Sterlite Technologies Limited, Aurangabad vs. The Assistant Commissioner of Income Tax, Ltu Circle 1, Mumbai

In the result, appeals of both, the Revenue and the assessee are dismissed

ITA 584/MUM/2024[AY 2016-17]Status: DisposedITAT Mumbai30 Sept 2025

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17 Sterlite Technologies Limited Principle Commissioner Of E-1 Waluj, Midc Industrial Income Tax- 27, Vs. Area, Aurangabad - 431136 Navi Mumbai Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Assessment Year: 2016-17 Principle Commissioner Of Sterlite Technologies Limited Income Tax- 27, E-1 Waluj, Midc Industrial Vs. Navi Mumbai Area, Aurangabad - 431136 Maharashtra (Pan: Aaecs8719B) (Appellant) (Respondent) Present For: Assessee : Shri Nikhil Tiwari & Ms. Palak Mehta, Cas Revenue : Shri Satyaprakash R. Singh, Cit Dr & Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Are Filed By The Assessee & Revenue Against The Orders Of Commissioner Of Income Tax (Appeals)-13, Pune, Vide Order No. Itba/Apl/M/250/2023-24/1058725938(1), Dated Sterlite Technologies Ltd. Ay 2016-17 13.12.2023 Passed Against The Assessment Order By Acit, Ltu, Circle- 1, Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 21.12.2018 For Assessment Year 2016-17. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1.1 Erred In Upholding The Action Of The Learned Assessing Officer ('Ao') In Not Allowing The Claim Of Appellant That The Rate Of Ddt In Respect Of Dividend Distributed To Its Overseas Holding Company Ought To Be Restricted To The Rate Of Tax Of 5% Prescribed Under Article 10(2) Of Applicable India- Mauritius Dtaa & That The Appellant Is Eligible For Refund Of Ddt Paid In Excess Of Such Rate.

For Appellant: Shri Nikhil Tiwari and Ms. Palak Mehta, CAsFor Respondent: Shri Satyaprakash R. Singh, CIT DR and Shri Leyaqat Ali Aafaqui, Sr. DR
Section 115JSection 143(3)Section 14ASection 43B

Account, (2) the liability was not a contingent or notional liability but an ascertained liability and it uxis also not a capital expenditure, (3) ESOPs were granted to the employees of the company as per the scheme for motivating them to work for a certain number of years and Sterlite