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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

M/S India Bullion and Jewellers Association Ltd, Mumbai vs. Dy CIT Circle- 4(1)(2), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 725/MUM/2020[2014-15]Status: DisposedITAT Mumbai10 Oct 2022AY 2014-15

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am 1. आयकरअपीलसं./ I.T.A. No. 725/Mum/2020 (ननधधारणवर्ा / Assessment Year: 2014-15) Dcit Cir-4(1), M/S India Bullion & R. No. 678, 6Th Floor, Jewellers Association Ltd. बनाम/ Aayakar Bhavan, M. K. 185, Sheikh Memon Street, Vs. Road, Mumbai-400 020 Mumbai-400 002 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaact1449D (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Prateek Jain, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri R. N. D’Souza, Ld. Dr सुनवधईकीतधरीख/ : 14.07.2022 Date Of Hearing घोर्णधकीतधरीख / : 10.10.2022 Date Of Pronouncement

For Appellant: Shri Prateek Jain, Ld. ARFor Respondent: Shri R. N. D’Souza, Ld. DR
Section 143(3)

nature, however while filing the return of income, the assessee had claimed expenditure in the computation of income as deduction from its income as revenue expenditure. 5. The AO noted that assessee is a no profit and no loss entity and there is hardly expenditure /receipts in the profit ... Association Ltd. same to the profit and loss account and not capitalize as non- current long term capital asset. Thus, he disallowed the deferred revenue expenditure of Rs. 3,80,43,067/-. 6. Ld. CIT(A) noted that after the organizing the International Bullion Summit, over the period of time

DCIT 9(2)(2), Mumbai vs. M/S Congenial Hospitality Pvt Ltd., Mumbai

In the result, all the three appeals filed by the revenue are allowed

ITA 544/MUM/2020[2014-15]Status: DisposedITAT Mumbai10 Oct 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 5961/Mum/2017 (निर्धारण वर्ा / Assessment Year:2012-13) Dcit-9(3)(2) बिधम/ M/S. Gutsiness Hospitality Pvt. 418, 4Th Floor, Aayakar Ltd. Vs. Bhavan, Mumbai-400020. Plot No. 114/T-03, Skm Babrics, Andheri Premises, R. K. Paramhans Marg, Andheri (E), Mumbai-400069. Pan No. Aaica3306L आयकर अपील सं/ I.T.A. No. 5255/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2013-14) Acit, Range-9(1)(1) बिधम/ M/S. Amicable Hospitality Room No. 260A, 2Nd Floor, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. Plot No. 115/It-03, Raj Road, Mumbai-400020. Chambers, R. K. Paramhans Marg, Andheri (E), Mumbai- 400063. Pan No. Aaqcs6307P

For Appellant: Shri Yogesh JoijodeFor Respondent: Shri Ujjawal Chavhan (Sr. AR)
Section 143(1)

facts and in the circumstances of the case the Ld. CIT(A) erred in allowing the interest and loan processing fees as revenue expenditure without appreciating the fact that assessee has not carried out any business activity during the year and only investment is in one residential flat whose possessing ... company therefore the treatment of debiting interest and loan processing fees to the profit and loss account is correct. In such circumstances expenditure are revenue expenditure and are allowable as per the as per provisions of Section 36(1) (iii) of the Income Tax Act 1961.” 6. Aggrieved, the revenue

ACIT, RG- 9 (1)(1), Mumba vs. Amicable Hospitality Pvt. Ltd., Mumbai

In the result, all the three appeals filed by the revenue are allowed

ITA 5255/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Oct 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 5961/Mum/2017 (निर्धारण वर्ा / Assessment Year:2012-13) Dcit-9(3)(2) बिधम/ M/S. Gutsiness Hospitality Pvt. 418, 4Th Floor, Aayakar Ltd. Vs. Bhavan, Mumbai-400020. Plot No. 114/T-03, Skm Babrics, Andheri Premises, R. K. Paramhans Marg, Andheri (E), Mumbai-400069. Pan No. Aaica3306L आयकर अपील सं/ I.T.A. No. 5255/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2013-14) Acit, Range-9(1)(1) बिधम/ M/S. Amicable Hospitality Room No. 260A, 2Nd Floor, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. Plot No. 115/It-03, Raj Road, Mumbai-400020. Chambers, R. K. Paramhans Marg, Andheri (E), Mumbai- 400063. Pan No. Aaqcs6307P

For Appellant: Shri Yogesh JoijodeFor Respondent: Shri Ujjawal Chavhan (Sr. AR)
Section 143(1)

facts and in the circumstances of the case the Ld. CIT(A) erred in allowing the interest and loan processing fees as revenue expenditure without appreciating the fact that assessee has not carried out any business activity during the year and only investment is in one residential flat whose possessing ... company therefore the treatment of debiting interest and loan processing fees to the profit and loss account is correct. In such circumstances expenditure are revenue expenditure and are allowable as per the as per provisions of Section 36(1) (iii) of the Income Tax Act 1961.” 6. Aggrieved, the revenue

DCIT-9(3)(2), Mumbai vs. M/S.Gutsiness Hospitality Private Limited (Formerly Known As Fortitude Hospitality Private Limited), Mumbai

In the result, all the three appeals filed by the revenue are allowed

ITA 5961/MUM/2017[2012-13]Status: DisposedITAT Mumbai10 Oct 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 5961/Mum/2017 (निर्धारण वर्ा / Assessment Year:2012-13) Dcit-9(3)(2) बिधम/ M/S. Gutsiness Hospitality Pvt. 418, 4Th Floor, Aayakar Ltd. Vs. Bhavan, Mumbai-400020. Plot No. 114/T-03, Skm Babrics, Andheri Premises, R. K. Paramhans Marg, Andheri (E), Mumbai-400069. Pan No. Aaica3306L आयकर अपील सं/ I.T.A. No. 5255/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2013-14) Acit, Range-9(1)(1) बिधम/ M/S. Amicable Hospitality Room No. 260A, 2Nd Floor, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. Plot No. 115/It-03, Raj Road, Mumbai-400020. Chambers, R. K. Paramhans Marg, Andheri (E), Mumbai- 400063. Pan No. Aaqcs6307P

For Appellant: Shri Yogesh JoijodeFor Respondent: Shri Ujjawal Chavhan (Sr. AR)
Section 143(1)

facts and in the circumstances of the case the Ld. CIT(A) erred in allowing the interest and loan processing fees as revenue expenditure without appreciating the fact that assessee has not carried out any business activity during the year and only investment is in one residential flat whose possessing ... company therefore the treatment of debiting interest and loan processing fees to the profit and loss account is correct. In such circumstances expenditure are revenue expenditure and are allowable as per the as per provisions of Section 36(1) (iii) of the Income Tax Act 1961.” 6. Aggrieved, the revenue