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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

Income Tax Officer, Chennai vs. The Reliance Motor Company Ltd., Chennai

Appeal of the revenue stands partly allowed for statistical purposes

ITA 404/CHNY/2024[1999-00]Status: DisposedITAT Chennai09 Dec 2024AY 1999-00

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita No.404/Chny/2024 (िनधा"रणवष" / Assessment Year: 1999-2000) The Income Tax Officer, Vs. The Reliance Motor Company Ltd, Corporate Ward 3(1) 761, Anna Salai, Chennai. Chennai 600 002. [Pan: Aaact 1230A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. M. Karthikeyan, Irs, Addl Cit ""यथ" क" ओर से /Respondent By : Shri. R. Vijayaraghavan, Advocate & Shri. S. Nagarajan, C.A. सुनवाई क" तार"ख/Date Of Hearing : 16.10.2024 घोषणा क" तार"ख /Date Of Pronouncement : 09.12.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. M. Karthikeyan, IRS, Addl CITFor Respondent: Shri. R. Vijayaraghavan, Advocate &
Section 143(2)Section 143(3)Section 148Section 2(22)(e)

revenue expenditure for the purpose of determining the income under the Act. The A.O. held that expenditures incurred by the assessee was a capital expenditure having benefit for several years and therefore, the assessee was requested to explain why this amount should not be treated as capital expenditure. The assessee ... loss. The reply of the assessee was not accepted by the A.O. Accordingly, the entire amount of Rs.2,12,08,000/- was treated as capital expenditure and the Ld. Assessing Officer disallowed the same. Aggrieved, the assessee preferred an appeal before the ld. CIT(A). During appellate proceedings, the assessee