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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

L & T Seawoods Ltd., Mumbai vs. ITO 1(2)(2), Mumbai

In the result, appeal of assessee is allowed in the terms aforesaid

ITA 17/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 17/मुं/2019 (िन.व. 2014-15) L & T Seawoods Ltd. 2Nd Floor, L & T House, N.M. Marg, Ballard Estate, Mumbai-400001. Pan: Aabcl4524C ...... अपीलाथ" /Appellant बनाम Vs. Ito-1(2)(2), 5Th Floor, Aayakar Bhavan, M.K. Marg, Mumbai-400020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Nitesh Joshi, Advocate "ितवादी "ारा/Respondent By : Sh. Mehul Jain, Sr-Dr सुनवाई की ितिथ/ Date Of Hearing : 17/06/2022 घोषणा की ितिथ/ Date Of Pronouncement : 12/08/2022 आदेश/ Order This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 02.11.2018 For The Assessment Year (Ay) 2014-15. 2. The Assessee In Appeal Has Assailed The Findings Of Cit(A) In Confirming The Disallowance Made In Respect Of :

For Appellant: Sh. Nitesh Joshi, AdvocateFor Respondent: Sh. Mehul Jain, Sr-DR
Section 142(1)Section 143(3)Section 37

appearing on behalf of the assessee submitted that the assessee had claimed Sales Promotion Expenses and the Cost of Modal of the project as revenue expenditure. The Assessing Officer (AO) disallowed assessee’s claim and treated the aforesaid expenditure as capital in nature. The assessee carried the issue in appeal ... assessment proceedings after examining the expenditure incurred by the assessee towards the professional services rendered for marketing and feasibility study allowed the same as Revenue expenditure. It is pertinent to mention that the assessee had paid professional charges to the same party in the impugned assessment year as well which

The Mysore Co-Op. Housing Society Ltd., Mumbai vs. Pr. CIT-27, Navi Mumbai

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

ITA 730/MUM/2021[2015-16]Status: DisposedITAT Mumbai10 Aug 2022AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhthe Mysore Co-Op Vs. Pr.Cit-27, Housing Society Ltd, Room No -401, 4 Th Gateno2, Mysore Colony, Floor, Tower-6, Vashi Near Rcf Factory, Railway Station Anik,Off Majul Road, Commercial Complex, Chembur, Vashi,Navi Mumbai- Mumbai-400074 400073. Pan/Gir No. : Aacft7837N Appellant .. Respondent Appellant By : Mr.M.Subramanian.& Ms.Varsha Nanwani.Ar Respondent By : Mr. Ajay. Cit Dr Date Of Hearing 08.08.2022 Date Of Pronouncement 10.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed An Appeal Against The Order Of The Principal Commissioner Of Income Tax (Pr.Cit), Mumbai Passed U/S 263 Of The Act Dated 17.03.2021. Mysore Co-Op Housing Society Ltd. Mumbai. 2. The Brief Facts Of The Case Are That The Assesse Is A Cooperative Housing Society & Derives Income House Property & Interest From Bank & Provides Credit Facilities To Its Members. The Assessee Has Filed The Return Of Income For The A.Y 2015-16 Electronically On 26.10.2015 Disclosing A Total Income Of Rs.43,08,320/- After Claiming Deduction U/S 80P(2)(D) Of The Act Of Rs.85,80,391/-In Respect Of Interest Income Received On Deposits With Co-Op Banks. The Return Of Income Was Processed U/S 143(1) Of The Act. Subsequently The Case Was Selected For Limited Scrutiny Through Cass For Verification Of (I)Income From Heads Of Income Other Than Business/Profession Mismatch(Ii)Sales Turnover Mismatch & (Iii) Deduction Under Chapter Vi-A. The Assessing Officer (A.O.) Issued Notice U/S 143(2) & 142(1) Of The Act Along With The Questionnaire. In Compliance, The Ld.Ar Of The Assessee Appeared From Time To Time, Produced The Books Of Accounts & Submitted The Relevant Details & Documents & The Case Was Discussed.

For Appellant: Mr.M.Subramanian.&For Respondent: Mr. Ajay. CIT DR
Section 143(1)Section 143(2)Section 143(3)Section 263Section 80P(2)(d)

prejudicial to interests of revenue - Assessment year 1973-74 - Assessee claimed a sum of Rs. 99,326 described 'as plant relay out expenses' as revenue expenditure and ITO, after making enquiries in regard to nature of said expenditure and considering explanation furnished by assessee in that regard, allowed assessee

Asst CIT Circle- 7 (3)(3), Mumbai vs. M/S Piramal Glass Ltd, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 8060/MUM/2019[2003-04]Status: DisposedITAT Mumbai05 Aug 2022AY 2003-04

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 8060/मुं/2019 ("न.व. 2003-04) Cit, Circle 7(3)(2), Room No.128A, 1St Floor, Aaykar Bhavan, M.K.Road, Mumbai - 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Piramal Glass Ltd. (Earlier Known As Gujarat Glass Pvt. Ltd.) 1 Piramal Towerannexe, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013. Pan: Aabcg-0093-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Minlind Chavan ""तवाद" "वारा/Respondent By : Shri Ronak Doshi सुनवाई क" "त"थ/ Date Of Hearing : 13/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05 /08/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-13, Mumbai [In Short ‘The Cit(A)] Dated 22/10/2019 For The Assessment Year 2003-04. 2. Shri Ronak Doshi Appearing On Behalf Of The Assessee Submitted At The Outset That Revenue In Appeal Has Raised Eight Effective Grounds. Majority Of The Grounds Raised In Appeal By Revenue Are Either Covered By The Order Of 2 Tribunal In Assessee’S Own Case In Ita No.9645/Mum/2004 For Assessment Year 2001-02 Decided On 02/08/2016 Or By The Order Of Hon'Ble Bombay High Court In The Case Of Assessee Titled Pcit Vs. Piramal Glass Ltd. In Income Tax Appeal No.556 Of 2017 Decided On 11/06/2019. 3. Per Contra, Shri Minlind Chavan Representing The Department Vehemently Defending The Assessment Order Prayed For Reversing The Findings Of Cit(A) & Upholding The Additions Made In The Assessment Order. However, Ld. Departmental Representative Fairly Stated That Substantial Issues Raised In The Appeal Have Been Considered By The Tribunal In Assessee’S Own Case For Preceding Assessment Years.

For Appellant: Shri Minlind ChavanFor Respondent: Shri Ronak Doshi
Section 32Section 36(1)(iii)

merit. 9. In ground No.8 of appeal, the Revenue has assailed the findings of CIT(A) in deleting the disallowance on deferred revenue expenditure. The ld. Authorized Representative for the assessee pointed that the assessee had claimed expenditure amounting to Rs.1,05,33,550/- as deduction ... incurred for implementing profitability and cost optimization measures, pre- payment of premium on loans, repayment of loans, etc. The expenditure was treated as deferred revenue expenditure. The Assessing Officer held expenditure to the extent of Rs.98,83,350/- is on capital account and disallowed the same. The CIT(A) after

Abbott Healthcare P. Ltd, Mumbai vs. ACIT 2(1)(1), Mumbai

ITA 570/MUM/2018[2011-12]Status: DisposedITAT Mumbai02 Aug 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.570/मुं/2018 ("न.व. 2011-12) Abbott Healthcare Private Limited., 4, Corporate Park, Sion -Trombay Road, Chembur, Mumbai 400 071. Pan: Aaack-3935-D ..... अपीलाथ" /Appellant बनाम Vs. Asstt. Commissioner Of Income Tax, Circle 2(1)(1), Room No.561, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : S/Shri Raghavendra Singh/ Lokesh Shah/Kiran Belkar ""तवाद" "वारा/Respondent By : Smt. Monica Khare सुनवाई क" "त"थ/ Date Of Hearing : 04/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: S/Shri Raghavendra Singh/For Respondent: Smt. Monica Khare
Section 254(2)Section 32Section 32(1)

proceedings, the Assessee also raised an alternate ground before Ld. Commissioner of Income-tax (Appeals), Mumbai for allowance of non-compete fee as deferred revenue expenditure. This claim of the Assessee for allowance of non-compete fee as deferred revenue expenditure was duly allowed by the Ld. Commissioner of Income ... also preferred an appeal (being ITA No, 711/Mum/2018) against the said order-in- appeal, challenging the allowance of non-compete fee as deferred revenue expenditure ordered by the Ld. Commissioner of Income-tax (Appeals). 6. The additional grounds raise a pure question of law that does not warrant appreciation