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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 Kumaraswamy Mineral Export Pvt. Ltd., Bengaluru vs. Joint Commissioner of Income Tax Bellary Range, Bellary

In the result, the appeal of the assessee stands allowed

ITA 1654/BANG/2018[2011-12]Status: DisposedITAT Bangalore04 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Kumaraswamy Mineral Exports Pvt. Ltd., [For & On Behalf Of The Joint Erstwhile Partnership Commissioner Of Firm M/S. Kumaraswamy Income Tax, Mineral Exports], Bellary Range, No. 58, Cunningham Vs. Bellary. Road Cross, Bangalore – 560 052. Pan: Aabfk8539K Appellant Respondent : Shri S.V. Ravishankar, Assessee By Advocate : Shri Sumer Singh Meena, Revenue By Cit Dr(Osd) Date Of Hearing : 21-12-2021 Date Of Pronouncement : 04-01-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against The Order Dated 22/03/2018 Passed By Ld.Cit(A), Gulbarga For Assessment Year 2011-12 On Following Grounds Of Appeal: “1. The Order Passed By The Learned Commissioner Of Income-Tax [Appeals]-4, Bengaluru Dated 22/03/2018 & The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143 [3] Of The Act Dated 28/03/2014, In So Far As It Is Against The Appellant, Is Opposed To The Law, Weight Of Evidence, Probabilities, Facts & Circumstances In The Appellant'S Case.

For Respondent: Shri S.V. Ravishankar
Section 143Section 14ASection 234Section 37

28/03/2014, by making following additions determining the total income of the assessee at Rs.81,69,16,200/-. Particulars Amount in Rs. (i) (i) Deferred Revenue Expenditure; 99,45,000/- (ii) (ii) Eco. Socio & Eco Deve. Expenses; 11,24,000/- (iii) Amt. disallowed u/s. 14A rwr 8D 1,27,500/- Total ... supporting documents. The Ld.CIT(A) partly allowed the appeal of the assessee by deleting the additions made by the Ld.AO on account of Deferred Revenue Expenditure and Disallowance u/s. 14A r.w.s. Rule 8D. Whereas the Ld.CIT(A) confirmed the addition made by the Ld.AO on account of Eco. Socio

M/S Herbalife International India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-11(4), Bangalore

In the result, appeal of the assessee is allowed for statistical purposes

ITA 2742/BANG/2018[2008-09]Status: DisposedITAT Bangalore29 Dec 2021AY 2008-09

Bench: Shri N.V. Vasudevanand Shri B. R. Baskaranassessment Year :2008-09 M/S. Herbalife International India Vs. Dcit - 11(4), Private Limited, Bengaluru. Pardhanani Wilshire #14, Commissariat Road, Bengaluru – 560 025. Pan : Aaach 8025 R Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Shri. Sankar Ganesh K, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 27.12.2021 Date Of Pronouncement : 29.12.2021 O R D E R Per N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 27.08.2018 Of Cit(A)-3, Bengaluru, Relating To Assessment Year 2008-09. The Grounds Of Appeal Nos.2 To 12 Raised By The Assessee Reads As Follows:

For Appellant: Shri. Nageshwar Rao, AdvocateFor Respondent: Shri. Sankar Ganesh K, JCIT(DR)(ITAT), Bengaluru

leased premises was in the nature of business expenditure for proper carrying on of business of the Appellant and are otherwise allowable as revenue expenditure. 10.The Learned CIT(A) erred in law in concluding that the Appellant has not disputed whether or not the expenditure was capital or revenue ... appreciate that the Appellant had raised an alternate claim stating that the said expenditure, if not allowed as 100% depreciation, is otherwise available as revenue expenditure. 11.The Learned CIT(A) ought to have directed the Learned Assessing Officer ("Learned AO"), to give the lawful relief or deduction. as directed under