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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

Joint Commissioner of Income Tax(OSD), Corporate Circle-1(1), Chennai vs. M/S Casagrand Builder Private Limited, Chennai

The appeal stands allowed for statistical purposes

ITA 721/CHNY/2023[2016-17]Status: DisposedITAT Chennai08 Aug 2024AY 2016-17

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.721/Chny/2023 (िनधा*रणवष* / Assessment Year: 2016-17) Jcit(Osd) M/S Casagrand Premier Builder Limited बनाम (Earlier Known As M/S. Casa Grand Builder P. Ltd.) Corporate Circle-1(1) 5Th Floor, Npl Devi, New No.111. Old No.59. Lb Chennai. / Vs. Road, Thiruvanmiyur,Chennai-600 041 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-2758-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri V.Nanda Kumar – Ld. Cit-Dr A/W Shri D. Hema Bhupal (Jcit)-Ld. Sr. Dr " थ"कीओरसे/Respondent By : Shri B. Ramakrishnan, (Ca)- Ld.Ar सुनवाई की तारीख/Date Of Hearing : 25-06-2024 घोषणा की तारीख /Date Of Pronouncement : 08-08-2024 आदेश / O R D E R

For Appellant: Shri V.Nanda Kumar – Ld. CIT-DR a/w Shri DFor Respondent: Shri B. Ramakrishnan, (CA)- Ld.AR
Section 143(3)

that Term Loan-I was for ‘exit for investor’ which had no relevance to the assessee’s business and it was a capital expenditure. The Term loan-II was for construction project by the name ‘cherry pick project’ which was not assessee's project but it was the project undertaken ... that Term Loan-I was for ‘exit for investor’ which had no relevance to the assessee’s business and it was a capital expenditure. The Term loan-II was for construction project by the name ‘cherry pick project’ which was not assessee's project but it was the project undertaken

M/S Council for Leather Exports, Chennai vs. DCIT, Chennai Circlechennai, Chennai

In the result, appeal filed by the assessee is allowed

ITA 948/CHNY/2023[2016-17]Status: DisposedITAT Chennai07 Aug 2024AY 2016-17

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 948/Chny/2023 िनधा"रणवष" / Assessment Year: 2016-17 The Deputy Commissioner Of M/S. Council For Leather V. Income Tax (Exemption), Exports, Chennai Circle, No.1, Sivaganga Road, Chennai-34. Nungambakkam, Chennai – 600 034. [Pan: Aaacc-4697-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. Krishnan Ramaswamy, Jcit सुनवाई क" तारीख/Date Of Hearing : 30.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 07.08.2024 आदेश /O R D E R

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. Krishnan Ramaswamy, JCIT
Section 10Section 11Section 11(5)Section 2Section 2(15)

adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes of the trust or otherwise". 9. Exemption uls.10(23C)(iv) of the lncometax Act, 1961 The assessee was asked ... Membership fee Rs.5.14 2. Certificate fee Rs.8.11 3. Interest from banks Rs.4.74 4. Sale of magazine Rs.0.17 :-14-: ITA. No:948/Chny/2023 5. Grant for capital expenditure Rs.0.09 6. Receipt for participating in trade Fairs 7. From Government Rs.11.72) 8. Contribution from members Rs.12.35) (0.80) ---------- Total Rs.42.82 ---------- The expenses (including