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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

Toufeeq Charitable Trust, Malappuram vs. ITO, Exemption, Thrissur

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 818/COCH/2025[2015-16]Status: DisposedITAT Cochin28 Nov 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2015-16 Toufeeq Charitable Trust .......... Appellant C-14,139, Thaqua, Andathode, Malappuram [Pan: Aaatt6160E] Vs. The Income Tax Officer (Exemption), Thrissur .......... Respondent Assessee By: ------- None ------- Revenue By: Ms. Neethu S. Sr. Dr Date Of Hearing: 27.11.2025 Date Of Pronouncement: 28.11.2025 O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Agra [Cit(A)] Dated 14.08.2025 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Appellant Is A Trust Duly Registered U/S. 12A Of The Income Tax Act, 1961 (The Act). It Is Founded With The Object Of Running Educational Institution For Charity. The Return Of Income For Ay 2015-16 Was Filed On 14.06.2016 Disclosing Nil Income After Claiming Exemption U/S. 11 Of The Act. The Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer (Exemption), Thrissur

For Appellant: ------- None -------For Respondent: Ms. Neethu S. Sr. DR
Section 11Section 12ASection 143(3)

that no claim was made in the return of income. Similarly, the AO had not allowed the following items as application of income: - i) Revenue expenditure as per return 1,52,99,147 ii) Capital expenditure as claimed 4,55,460 iii) 15% of statutory exemption

Ubs Business Solutions (India) Private Limited (Successor to Credit Suisse Services (India) Pvt Ltd), Pune vs. PCIT, Pune - 1, Pune, Maharashtra

In the result, appeal of the Assessee is allowed

ITA 1407/PUN/2025[2020-21]Status: DisposedITAT Pune28 Nov 2025AY 2020-21

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1407/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Ubs Business Solutions (India) V The Principal Pvt. Ltd. (Successor To Credit S. Commissioner Of Suisse Services (India) Pvt Income Tax, Ltd.), Pune-1. Cluster A, Eon Free Zone, Plot No.1, S.No.77, Ground To 5Th Floors In Wing 1, 3Rd To 5Th Floor In Wing 2, Kharadi Midc Knowledge Park, Pune – 411014. Pan: Aabcu8718M Appellant/ Assessee Respondent / Revenue Assessee By Shri Rajendra Agiwal - Ar Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 23/09/2025 Date Of Pronouncement 28/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-1 Passed Under Section 263 Of The Income Tax Act, 1961 For A.Y.2020-21, Dated 31.03.2025 Emanating From Assessment Order U/S.143(3) R.W.S 144B

Section 143(3)Section 144BSection 263Section 80G

refund out of self-assessment tax and not for repairs and maintenance or its nature as to whether it is a capital expenditure or revenue expenditure (a) Failed to appreciate that the case was selected for scrutiny only for verification of claim of deduction under section ... company has claimed huge refund it would be pertinent to verify genuineness of expenditure and its nature whether it is a capital expenditure of revenue expenditure. The Ld. PCIT invoking explanation 2 of section 263(1) proposed revision of assessment order. The Ld. PCIT had issued second notice

ACIT, Mumbai vs. Avendus Capital Private Limited, Mumbai

In the result, appeal of the revenue is dismissed

ITA 6128/MUM/2025[2021-22]Status: DisposedITAT Mumbai27 Nov 2025AY 2021-22

Bench: Shri Anikesh Banerjee & Shri Girish Agrawalassessment Year: 2021-22 Dcit-14(1)(1), Mumbai Vs Avendus Capital Private Limited Room No. 432, 4Th Floor, 901, 9Th Floor Platina, Plot No. Aayakar Bhavan, M.L. Road, C-59, Bandra Kurla Complex, Mumbai 400020 Bandra East, Mumbai 400051 Pan: (Aabcc2404Q) Appellant Respondent Present For: Appellant By : Shri Ashish Mehta & Shri Pulkit Pandey, Advocates Respondent By : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 26.11.2025 Date Of Pronouncement : 27.11.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Cit(A) 48, Mumbai Vide Order No. Itba/Apl/S/250/2025-26/1078825129(1) Dated 23.07.2025 Passed Against Assessment Order U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.12.2023 For Ay 2021-22. 2. Grounds Taken By The Revenue Are Reproduced As Under: “1. Whether, On The Facts & In The Circumstances Of The Case & In Law, The Citia) Failed To Appreciate That The Expenditure Incurred On The Esop Scheme Is A Capital Expenditure & Not A Revenue Expenditure

For Appellant: Shri Ashish Mehta and Shri Pulkit Pandey, AdvocatesFor Respondent: Shri Surendra Mohan, Sr. DR
Section 143(3)Section 37(1)Section 371

case and in law, the CITIA) failed to appreciate that the expenditure incurred on the ESOP scheme is a capital expenditure and not a revenue expenditure 2 Avendus Capital Private Limited AY 2021-22 2. Whether, on the facts and in the circumstances of the case ... ordinate Bench of ITAT, Mumbai in assessee’s own case for several preceding years has consistently held that ESOP is an allowable revenue expenditure u/s.37(1). Thus, following this consistent view in assessee’s own case on identical fact pattern, he held that the disallowance made