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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

DCIT CC7 (2), Mumbai vs. M/S. Anik Industries Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2267/MUM/2021[2004-05]Status: DisposedITAT Mumbai29 Jul 2022AY 2004-05

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit, Cc-7(2) Vs. M/S Anik Industries Ltd Room No. 655, 3Rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point Mk Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm2696K Appellant .. Respondent Appellant By : Smt Shailja Rai.Dr Respondent By : Shri.Bhupendra Shah.Ar Date Of Hearing 26.07.2022 Date Of Pronouncement 28.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals) U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt Shailja Rai.DRFor Respondent: Shri.Bhupendra Shah.AR
Section 143(2)Section 271(1)(c)

started a business of restaurants and film distributorship and carried out extensive repairs in his commercial premises. The assessee claimed the expenditure as a revenue expenditure, but the AO was of the view that this represented a capital expenditure and, therefore, made the requisite addition. Penalty proceedings were also initiated ... Tribunal and by the impugned order, the Tribunal was of the view that the question whether the expenditure incurred by the assessee was a revenue expenditure or a capital expenditure was a debatable issue and even if it was M/s Anik Industires Ltd., Mumbai. ultimately decided against the assessee

M/S. Success Factors Business Solutions India Private Limited (Now Merged With Sap Labs India Private Limited), Bangalore vs. Joint Commissioner of Income Tax, Special Range - 6, Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 2510/BANG/2019[2015-16]Status: DisposedITAT Bangalore21 Jul 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Sap Labs India Pvt. Ltd., No. 138, Export It(Tp)A No. Promotion Industrial 2008-09 606/Bang/2021 Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P The Joint M/S. Sap Labs India Commissioner Of Pvt. Ltd. Income Tax, (Successor To M/S. Special Range – 6, Success Factors Bangalore. Business Solutions It(Tp)A No. India Pvt. Ltd.), 2015-16 2510/Bang/2019 No. 138, Export Promotion Industrial Park, Whitefield, Bangalore – 560 066. Pan: Aafcs3649P

For Appellant: Shri Aliasger Rampurwala, CA
Section 3(1)(b)

capitalization is 34.2%, and also incur huge amount for research and development at Rs.5 crore as a capital expenditure and Rs.655 crore as a revenue expenditure for the year ended 31st March, 2012. Therefore, it cannot be said to be a comparable. We, therefore, direct the TPO to exclude Infosys ... total revenue. It was also noted that out of this, only Rs.15 crore was capital in nature and the remaining Rs.590 crore represented revenue expenditure, which go to show that the R&D initiative are substantially routine for immediate business purposes for developing expertise and improved process execution

India Medtronic Pvt Ltd, Mumbai vs. Asst CIT 10 (1)91), Mumbai

In the result, ground No.54 of the appeal is allowed for statistical purpose

ITA 7935/MUM/2019[2015-16]Status: DisposedITAT Mumbai15 Jul 2022AY 2015-16

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 7935/मुं/2019 ("न.व. 2015-16) India Medtronic Private Limited, 1241, Solitaire Corporate Park, Bldg.No.12, 4Th Floor, Andheri-Ghatkopar Link Road, Andheri(E), Mumbai – 400 093 Pan:Aaaci-4227-Q ...... अपीलाथ" /Appellant बनाम Vs. Assistant Commissioner Of Income Tax-10(1)(1), Room No.209, Aaykar Bhavan, M.K.Road, Mumbai – 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajan R. Vora, C.A With Shri Nikhil Tiwari ""तवाद" "वारा/Respondent By : Shri Yogesh Kamath, Cit-Dr With S/Shri Satya Pinisetty/R.A.Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 22/04/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 17/07/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Against The Assessment Order Dated 25/10/2019 For The Assessment Year 2015-16 Passed Under Section 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’].

For Appellant: Shri Rajan R. Vora, C.A with Shri Nikhil TiwariFor Respondent: Shri Yogesh Kamath, CIT-DR with S/Shri Satya Pinisetty/R.A.Dhyani
Section 143(3)

Directors of Medtech Devices Ltd. In the return of income filed for the assessment year 2002-03, the assessee claimed the aforesaid payment as revenue expenditure under section 37(1) of the Act. However, the deduction claimed by the assessee was disallowed by the Assessing Officer and sustained ... raised by the assessee. Undisputedly, in the year of payment of non-compete fee i.e., A.Y. 2002-03, the assessee had claimed it as revenue expenditure. However, the Departmental Authorities as well as the Tribunal held that the expenditure incurred by the assessee is capital in nature. Of course