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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

Mcnally Sayaji Engineering Limited, Kolkata vs. DCIT, Circle - 1(1), Kolkata

In the result, both the appeals are dismissed

ITA 899/KOL/2018[2009-10]Status: DisposedITAT Kolkata03 Oct 2024AY 2009-10

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Abhishek Sureka, ARFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 234CSection 250Section 37Section 40

failed to consider and appreciate that the advisory fee of Rs. 2,00,000/- paid by the appellant was a revenue expenditure and not a capital expenditure 6) For that without prejudice to the above, the Ld CIT(A) has failed to consider and appreciate that the advisory

Mcnally Sayaji Engineering Limited, Kolkata vs. DCIT, Circle - 1(1), Kolkata

In the result, both the appeals are dismissed

ITA 1145/KOL/2018[2013-14]Status: DisposedITAT Kolkata03 Oct 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Abhishek Sureka, ARFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 234CSection 250Section 37Section 40

failed to consider and appreciate that the advisory fee of Rs. 2,00,000/- paid by the appellant was a revenue expenditure and not a capital expenditure 6) For that without prejudice to the above, the Ld CIT(A) has failed to consider and appreciate that the advisory

ACIT-1(1)(1), Mumbai vs. M/S Bennett Coleman & Company Limited, Mumbai

Appeal of the assessee is allowed and revenue is dismissed

ITA 1520/MUM/2023[2018-2019]Status: DisposedITAT Mumbai30 Sept 2024AY 2018-2019

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Rahul Chaudhary, Hon'Bleι.Τ.Α. No.1387/Mum/2023 (Assessment Year: 2018-19) Bennett Coleman & Co Ltd. The Times Of India Building, Dr. Dadabhai Naoroji Road Fort, Mumbai-400 001 [Pan: Aaacb4373Q] Vs National Faceless Assessment Centre, Delhi अपीलार्थी/ (Appellant) प्रत्य्थी / (Respondent) Ι.Τ.Α. No.1520/Mum/2023 (Assessment Year: 2018-19) Acit-1(1)(1), Mumbai Vs Bennett Coleman & Co Ltd. The Times Of India Building, Dr. Dadabhai Naoroji Road Fort, Mumbai-400 001 [Pan: Aaacb4373Q] Assessee By : Shri P.J. Pardiwala A/W. Shri Madhur Agrawal, Shri Jas Sanghavi, Shri Yash Prakash & Shri Vikas Poojary Revenue By : Shri S. Srinivasu Cit Dr A/W. Shri Ashok Ambastha, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 12.09.2024 घोषणा की तारीख /Date Of Pronouncement: 30.09.2024 2 आदेश/Order आयकर अपीलीय अधिकरण Income Tax Appellate Tribunal Ι.Τ.Α. No.1387/Mum/2023 & 1520/Mum/2023 Bennett Coleman & Co. Ltd. Per Narendra Kumar Billaiya, Am

For Appellant: Shri P.J. Pardiwala a/w. Shri MadhurFor Respondent: Shri S. Srinivasu CIT DR a/w. Shri Ashok
Section 10(38)Section 115JSection 14ASection 14A(2)Section 153

circumstances of the case, the Ld. CIT(A) was justified in holding that the expenditure of software upgradation and support was not a revenue expenditure but capital in nature? 10. Whether in the facts and circumstances of the case and in law, the Learned CIT (A) was justified in upholding

Bennett Coleman & Co. Ltd, Mumbai vs. National Faceless Assessment Centre., Delhi

ITA 1387/MUM/2023[2018--2019]Status: DisposedITAT Mumbai30 Sept 2024

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Rahul Chaudhary, Hon'Bleι.Τ.Α. No.1387/Mum/2023 (Assessment Year: 2018-19) Bennett Coleman & Co Ltd. The Times Of India Building, Dr. Dadabhai Naoroji Road Fort, Mumbai-400 001 [Pan: Aaacb4373Q] Vs National Faceless Assessment Centre, Delhi अपीलार्थी/ (Appellant) प्रत्य्थी / (Respondent) Ι.Τ.Α. No.1520/Mum/2023 (Assessment Year: 2018-19) Acit-1(1)(1), Mumbai Vs Bennett Coleman & Co Ltd. The Times Of India Building, Dr. Dadabhai Naoroji Road Fort, Mumbai-400 001 [Pan: Aaacb4373Q] Assessee By : Shri P.J. Pardiwala A/W. Shri Madhur Agrawal, Shri Jas Sanghavi, Shri Yash Prakash & Shri Vikas Poojary Revenue By : Shri S. Srinivasu Cit Dr A/W. Shri Ashok Ambastha, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 12.09.2024 घोषणा की तारीख /Date Of Pronouncement: 30.09.2024 2 आदेश/Order आयकर अपीलीय अधिकरण Income Tax Appellate Tribunal Ι.Τ.Α. No.1387/Mum/2023 & 1520/Mum/2023 Bennett Coleman & Co. Ltd. Per Narendra Kumar Billaiya, Am

For Appellant: Shri P.J. Pardiwala a/w. Shri MadhurFor Respondent: Shri S. Srinivasu CIT DR a/w. Shri Ashok
Section 10(38)Section 115JSection 14ASection 14A(2)Section 153

circumstances of the case, the Ld. CIT(A) was justified in holding that the expenditure of software upgradation and support was not a revenue expenditure but capital in nature? 10. Whether in the facts and circumstances of the case and in law, the Learned CIT (A) was justified in upholding