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“revenue expenditure”

Business ExpensesSection 37Section 373,350 judgments

The decision most relied on for revenue expenditure is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on revenue expenditure

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

Rotork Controls India Pvt. Ltd. v. CIT
314 ITR 62 · 2009 · Supreme Court
739
citing judgments

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

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.

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.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

Judgments citing revenue expenditure

ACIT- Circle-4(2)(1), Mumbai vs. First Advantage Private Limited, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1704/MUM/2023[2018-2019]Status: DisposedITAT Mumbai24 Jul 2023AY 2018-2019

Bench: Shri Amit Shukla & Shri Amarjit Singhacit, Circle 4(2)(1) Vs. First Advantage Private Room No. 640/642, 6Th Limited, First Floor, Floor, Aayakar Bhavan, Interface Building No.7, M.K. Road, Link Road, Malad (West) Mumbai – 40 Mumbai – 400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacq0706E Appellant .. Respondent [ Appellant By : Ms. Zeenia Handa Respondent By : Nitesh Joshi & Sunil Jhunjhunwala Date Of Hearing 19.07.2023 Date Of Pronouncement 24.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 14.03.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Citia) Erred In Deleting The Disallowance Made Under Section 37(1) Of The Act For An Amount Of Rs.2,01,96,568/- Incurred Towards Software License Expenses By Considering The Same As Revenue Expenditure. 2. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Considering The Expenses Incurred By The Assessee On Software License Fee As Revenue Expenditure Instead Of Capital Expenditure, Without Appreciating The Fact That It Is An "Intangible Asset. The Income-Tax Act Clearly Categorizes The "License" As An Intangible Assets For Claiming Depreciation U/S 32 Which Is Based On The Ordinary Meaning Of The Same."

For Appellant: Ms. Zeenia HandaFor Respondent: Nitesh Joshi &
Section 143(2)Section 32Section 37(1)

Section 37(1) of the Act for an amount of Rs.2,01,96,568/- incurred towards software license expenses by considering the same as Revenue expenditure. 2. Whether on the facts and circumstances of the case and in law the Ld. CIT(A) has erred in considering the expenses incurred ... assessee on software License Fee as revenue expenditure instead of capital expenditure, without appreciating the fact that it is an "Intangible asset. The Income-tax act clearly categorizes the "License" as an intangible assets for claiming depreciation u/s 32 which is based on the ordinary meaning of the same