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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

Rani Adaikalaraj Educational and Charitable Trust, Trichy vs. ITO, Exemptions, Trichy

In the result the assessee’s appeal is allowed

ITA 575/CHNY/2024[2018-19]Status: DisposedITAT Chennai14 Aug 2024AY 2018-19

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 575/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Income Tax Officer, Rani Adaikalaraj Educational V. Exemption Ward & Charitable Trust, Income Tax Office, Represented By Managing 44, Williams Road, Cantonment, Trustee – A Joseph Francis, Trichy – 620 001. 7-B, Arokiasamypillai Lane, Crawford, Trichy – 620 012. [Pan:Aaatr-0494-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Mr. V.S. Jayakumar, Sr. Counsel For Ms.G. Vardinikarthik, Advocate & Mr. V. Arunachalesh, Advocate & Mr. R. Sumedha, Advocate ""यथ"क"ओरसे/Respondent By : Mr. R. Vikneswaran, Jcit सुनवाई क" तारीख/Date Of Hearing : 04.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.08.2024 आदेश /O R D E R

For Appellant: Mr. V.S. Jayakumar, Sr. Counsel for Ms.G. VardiniKarthik, Advocate & MrFor Respondent: Mr. R. Vikneswaran, JCIT
Section 1Section 11Section 11(1)(a)Section 11(2)

when he has no jurisdiction to do so. E. As stated earlier, the CIT(A) erred in questioning the claim of capital expenditure and depreciation for the AY 2014-15 as the same has no relevance to AY 2018- 19. The CIT(A) has no jurisdiction at all. Alternatively ... return of income filed. However, the assessee made a new claim on account of repayment of loan made during the year as capital expenditure of Rs.98,21,957/-. After considering the submissions by the assessee along with the revised computation of income, the Assessing Officer passed an order