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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

Dy CIT 7 (3)(1), Mumbai vs. M/S Omni Active Health Technologies Ltd., Mumbai

ITA 29/MUM/2020[2011-12]Status: DisposedITAT Mumbai07 Jan 2022AY 2011-12

Bench: Sri Prashant Maharishi, Am & Sri Pavan Kumar Gadale, Jm आयकर अऩीऱ सुं./ Ita Nos. 28 & 29/Mum/2020 (यनध ियण वषि / Assessment Years 2010-11 & 2011-12) Dy. Commissioner Of Income M/S Omni Active Health Tax, 7(3)(1), Technologies Ltd. Room No. 142 G , T8B A Wing Phoenix House 1St Flr Aayakar Bhavan Phoenix Mil Compound 62 बनाम/ M.K. Road, Senapati Bapat Road Vs. Mumbai-400 020 Lower Parel West, Mumbai-400 013 (अऩीऱाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी ऱेखा सुं./Pan No. Aadcp29149 अऩीर थी की ओय से / Appellant By : Shri Ketan Ved, Ar प्रत्मथी की ओय से / Respondent By : Shri R.A Dhyani, Dr सुनव ई की त यीख / Date Of Hearing: 03.01.2022 घोषण की त यीख / Date Of Pronouncement : 07.01.2022 आदेश / O R D E R

For Appellant: Shri Ketan Ved, ARFor Respondent: Shri R.A Dhyani, DR
Section 143(3)

years and therefore held that assessee have the benefit of enduring nature. He therefore held that the expenditure has been given a colour of Revenue expenditure where the same is falling into the category of capital expenditure. Therefore, he disallowed a sum of ₹11,85,24,076/-. Consequently, the assessment ... company. He held that the deduction for expenditure incurred on litigation as well as the settlement amount paid by the assessee is a Revenue expenditure. He further referred to the several judicial precedents on that issue. Accordingly, he deleted the entire disallowance made by the Assessing ITA Nos. 28& 29/Mum/2020