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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

Assistant Commissioner of Income Tax, Circle-5(1), Hyderabad vs. Pennar Industries Limited, Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

ITA 78/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.48/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Pennar Industries Ltd Vs. Dy. C. I. T. Hyderabad Circle 5(1) Pan:Aabcp3074H Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.78/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Asstt. Cit Vs. Pennar Industries Ltd Circle 5(1) Hyderabad Hyderabad Pan:Aabcp3074H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Mohd. Afzal राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Dr सुनवाई की तारीख/Date Of Hearing: 26/02/2024 घोषणा की तारीख/Pronouncement: 28/02/2024 Order Per Bench:

For Appellant: Advocate Mohd. AfzalFor Respondent: : Shri Waseem Ur Rehman, DR
Section 139(5)Section 143(2)Section 143(3)Section 37(1)Section 40

facts and circumstance of law, the CIT (A) is correct in holding that the interest on custom duty paid is allowable as revenue expenditure which is in contravention to Explanation 1 of Section 37(1) of the I.T. Act, 1961. 3. Any other ground that may be urged ... nature as no law has been contravened by the appellant. The interest on custom duty paid of Rs.1,83,00,000/- is allowable as revenue expenditure laid out wholly and exclusively for purpose of business. Reliance is placed on the decision of Hon'ble Supreme Court in the case

Pennar Industries Limited, Hyderabad vs. DCIT., Circle-5(1), Hyderabad

In the result, appeal filed by the assessee is partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

ITA 48/HYD/2024[2017-18]Status: DisposedITAT Hyderabad28 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.48/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Pennar Industries Ltd Vs. Dy. C. I. T. Hyderabad Circle 5(1) Pan:Aabcp3074H Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita No.78/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18 ) Asstt. Cit Vs. Pennar Industries Ltd Circle 5(1) Hyderabad Hyderabad Pan:Aabcp3074H (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Mohd. Afzal राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Dr सुनवाई की तारीख/Date Of Hearing: 26/02/2024 घोषणा की तारीख/Pronouncement: 28/02/2024 Order Per Bench:

For Appellant: Advocate Mohd. AfzalFor Respondent: : Shri Waseem Ur Rehman, DR
Section 139(5)Section 143(2)Section 143(3)Section 37(1)Section 40

facts and circumstance of law, the CIT (A) is correct in holding that the interest on custom duty paid is allowable as revenue expenditure which is in contravention to Explanation 1 of Section 37(1) of the I.T. Act, 1961. 3. Any other ground that may be urged ... nature as no law has been contravened by the appellant. The interest on custom duty paid of Rs.1,83,00,000/- is allowable as revenue expenditure laid out wholly and exclusively for purpose of business. Reliance is placed on the decision of Hon'ble Supreme Court in the case

Super Dairy Farm., Hyderabad vs. Dy. Commissioner of Income Tax, Circle-4(1)., Hyderabad

ITA 1288/HYD/2017[2013-14]Status: DisposedITAT Hyderabad28 Feb 2024AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumarआ.अपी.सं / Ita Nos.1287 & 1288/Hyd/2017 (निर्धारण वर्ष / Assessment Years: 2012-13 & 2013-14) Super Dairy Farm, Vs. The Assistant Commissioner Of Hyderabad. Income Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita No.1265/Hyd/2017 (निर्धारण वर्ष / Assessment Year: 2013-14) The Assistant Vs. Super Dairy Farm, Commissioner Of Income Hyderabad. Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri Sashank Dundu, C.AFor Respondent: Shri K. Madhusudan, CIT-DR
Section 143(3)Section 48

computation of total income and (b)an amount of Rs. 1,82,59,709/- being purchase of fodder ought to have been allowed as revenue expenditure as claimed in the Profit and Loss Account being feed for livestock to generate milk, which generates revenue. The addition is not warranted ... such enhancement or reduction. Expenditure pertaining to feeds and maintenance: Even on merits, Expenditure pertaining to feeds and maintenance has to be treated as revenue expenditure and cannot be capitalized since the said feeds and maintenance are for the daily upkeep of the livestock, which is akin to fuel charges

Super Dairy Farm., Hyderabad vs. Dy. Commissioner of Income Tax, Circle-4(1)., Hyderabad

ITA 1287/HYD/2017[2012-13]Status: DisposedITAT Hyderabad28 Feb 2024AY 2012-13

Bench: Shri R.K. Panda & Shri Laliet Kumarआ.अपी.सं / Ita Nos.1287 & 1288/Hyd/2017 (निर्धारण वर्ष / Assessment Years: 2012-13 & 2013-14) Super Dairy Farm, Vs. The Assistant Commissioner Of Hyderabad. Income Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita No.1265/Hyd/2017 (निर्धारण वर्ष / Assessment Year: 2013-14) The Assistant Vs. Super Dairy Farm, Commissioner Of Income Hyderabad. Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri Sashank Dundu, C.AFor Respondent: Shri K. Madhusudan, CIT-DR
Section 143(3)Section 48

computation of total income and (b)an amount of Rs. 1,82,59,709/- being purchase of fodder ought to have been allowed as revenue expenditure as claimed in the Profit and Loss Account being feed for livestock to generate milk, which generates revenue. The addition is not warranted ... such enhancement or reduction. Expenditure pertaining to feeds and maintenance: Even on merits, Expenditure pertaining to feeds and maintenance has to be treated as revenue expenditure and cannot be capitalized since the said feeds and maintenance are for the daily upkeep of the livestock, which is akin to fuel charges

Asst. Commissioner of Income Tax, Circle-4(1)., Hyderabad vs. Super Dairy Farm., Hyderabad

ITA 1265/HYD/2017[2013-14]Status: DisposedITAT Hyderabad28 Feb 2024AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumarआ.अपी.सं / Ita Nos.1287 & 1288/Hyd/2017 (निर्धारण वर्ष / Assessment Years: 2012-13 & 2013-14) Super Dairy Farm, Vs. The Assistant Commissioner Of Hyderabad. Income Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent आ.अपी.सं / Ita No.1265/Hyd/2017 (निर्धारण वर्ष / Assessment Year: 2013-14) The Assistant Vs. Super Dairy Farm, Commissioner Of Income Hyderabad. Tax, Circle – 4(1), Hyderabad. Pan : Aajfs7269L. अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri Sashank Dundu, C.AFor Respondent: Shri K. Madhusudan, CIT-DR
Section 143(3)Section 48

computation of total income and (b)an amount of Rs. 1,82,59,709/- being purchase of fodder ought to have been allowed as revenue expenditure as claimed in the Profit and Loss Account being feed for livestock to generate milk, which generates revenue. The addition is not warranted ... such enhancement or reduction. Expenditure pertaining to feeds and maintenance: Even on merits, Expenditure pertaining to feeds and maintenance has to be treated as revenue expenditure and cannot be capitalized since the said feeds and maintenance are for the daily upkeep of the livestock, which is akin to fuel charges

Santhome Charitable Society, Chennai vs. The ITO Exemptions, Ward-3, Chennai

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

ITA 613/CHNY/2023[2016-17]Status: DisposedITAT Chennai21 Feb 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.613/Chny/2023 िनधा"रण वष"/Assessment Year: 2016-17 Santhome Charitable Society, Vs. The Income Tax Officer, Kalaivanar Nagar, Athipet, Ambattur, Exemptions Ward-3, Tamil Nadu 600 058. Chennai. [Pan:Aabts1184L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate & Shri P.M. Kathir, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2024 घोषणा की तारीख /Date Of Pronouncement : 21.02.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 17.03.2023 Relevant To The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Society Is Registered Under Section 12Aa Of The Income Tax Act, 1961 [“Act” In Short] & Filed Its Return Of Income For The Assessment Year 2016-17 On 2

For Appellant: Shri G. Baskar, Advocate &For Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 11(1)(a)Section 11(2)Section 11(3)Section 12ASection 142(1)Section 143(2)Section 143(3)

return of income. The assessee has claimed an expenditure of ₹.1,27,89,278/- (excluding depreciation) towards revenue expenditure and an amount of ₹.11,92,185/- towards capital expenditure. Accordingly, the case of the assessee was selected for complete scrutiny and notice under section 143(2) of the Act dated