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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

Pyung Hwa India Private Limted, Chennai vs. DCIT, Corporate Circle 5(2), Chennai

In the result, both the appeals of the assessee for the A

ITA 1602/CHNY/2025[2016-17]Status: DisposedITAT Chennai25 Aug 2025AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1601 & 1602/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2017-18 & 2016-17 Pyung Hwa India Private Limited Dcit, L11 &L12, Sipcot Industrial Estate, Vs. Corporate Circle 5(2) Phase Ii, Mambakkam, Chennai. Kancheepuram- 602 106. Tamil Nadu [Pan:Aadcp-8042-R] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. Chikkars Srikanth, Advocate. प्रत्यथी की ओर से/Respondent By : Mr. Arv Sreenivasan, Cit.

For Appellant: Shri. Chikkars Srikanth, AdvocateFor Respondent: Mr. ARV Sreenivasan, CIT

disallowance is based purely on presumptions and conjectures. 8. The Ld. AO erred in stating that a prudent businessman would prefer to incur capital expenditure to replace machinery rather than bear disproportionate Repairs and Maintenance expenses over a long period, thus, intruding the wisdom of the appellant in doing ... submission, audit reports, and business rationale. 19. The Ld. assessing officer erred in presuming that increased Repairs & Maintenance expenses should be replaced by capital expenditure amounts to questioning the wisdom of the appellant's business prudence. 20. The additions made are in violation of the provisions of section

Pyung Hwa India Private Limited, Chennai vs. DCIT, Corporate Circle 5(2), Chennai

In the result, both the appeals of the assessee for the A

ITA 1601/CHNY/2025[2017-18]Status: DisposedITAT Chennai25 Aug 2025AY 2017-18

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1601 & 1602/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2017-18 & 2016-17 Pyung Hwa India Private Limited Dcit, L11 &L12, Sipcot Industrial Estate, Vs. Corporate Circle 5(2) Phase Ii, Mambakkam, Chennai. Kancheepuram- 602 106. Tamil Nadu [Pan:Aadcp-8042-R] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. Chikkars Srikanth, Advocate. प्रत्यथी की ओर से/Respondent By : Mr. Arv Sreenivasan, Cit.

For Appellant: Shri. Chikkars Srikanth, AdvocateFor Respondent: Mr. ARV Sreenivasan, CIT

disallowance is based purely on presumptions and conjectures. 8. The Ld. AO erred in stating that a prudent businessman would prefer to incur capital expenditure to replace machinery rather than bear disproportionate Repairs and Maintenance expenses over a long period, thus, intruding the wisdom of the appellant in doing ... submission, audit reports, and business rationale. 19. The Ld. assessing officer erred in presuming that increased Repairs & Maintenance expenses should be replaced by capital expenditure amounts to questioning the wisdom of the appellant's business prudence. 20. The additions made are in violation of the provisions of section

Madhav University, Pindwara, Sirohi vs. CIT(Exemption), Jaipur

In the result, both the appeals filed by the assessee bearing ITA No

ITA 789/JODH/2024[2024-25]Status: DisposedITAT Jodhpur22 Aug 2025AY 2024-25

Bench: Dr. Mitha Lal Meena, Hon'Ble & Shri Anikesh Banerjee, Hon'Bleι.Τ.Α No.789 &790/Jodh/2024 (Assessment Year:2024-25) Madhav University Vs Commissioner Of Income-Tax, Exemption, Jaipur Pindwara, Madhav Hills, Nh 27, Vpo Bharja, Pindwara, Sirohi Rajasthan-307023 Pan: Aasam7855L Shri Amit Kothari Shri M.K. Jain, Cit(Dr.) Present For Assessee Present For Revenue Date Of Hearing 20/08/2025 Date Of Pronouncement 22/08/2025 Order Per Bench: The Instant Appeals Of The Assessee Filed Against The Order Of The Learned Commissioner Of Income-Tax (Exemption), Jaipur (For Brevity, 'Ld.Cit(E)'] Order Passed Under Section 12Ab Of The Income-Tax Act, 1961 (In Short, 'The Act') & Order Passed Under Section 80G(5) Of The Act, Date Of Orders 30/09/2024. 2. Act Both The Appeals Related To Registration Under Section 12Ab& 80G Of The

Section 11Section 12ASection 3(2)Section 80Section 80G(5)

back into educational infrastructure, scholarships, and academic programs. 4.2. Financial trend from FY 2020-21 to 2023-24: Year Total Income Total % of Income Capital expenditure Applied expenditure 2020-21 Rs.13.79 Cr Rs.9.36 Cr 67.89% Rs.1.38 Cr 2021-22 Rs.21.52 Cr Rs.13.06 Cr 60.71% Rs.2.05 Cr 2022-23 Rs.24.67 ... Even in the earlier two years, more than the statutory 85% application requirement can be argued if capital expenditure for objects is counted as application (per CIT v. Queen's Educational Society and CBDT Circular No. 1/2015). 4.8. Significant Capital Expenditure has been made. Capital spend jumped