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“enduring benefit”

Business ExpensesSection 37Section 371,056 judgments

The decision most relied on for enduring benefit is Empire Jute Co. Ltd. v. CIT (124 ITR 1), cited in 622 judgments on BharatTax.

Leading authorities on enduring benefit

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.

CIT v. De Beers India Minerals (P.) Ltd.
346 ITR 467 · 2012 · High Court
371
citing judgments

For fees for technical or consultancy services to 'make available' technical knowledge or know-how under a DTAA, the service must transmit such knowledge, allowing the recipient to derive an enduring benefit and utilize it independently in the future.

Eastern Investments Ltd. v. CIT
38 ITR 601 · 1960 · Supreme Court
346
citing judgments

Expenditure must be commercially expedient for carrying on the business, and it is not for revenue authorities to dictate how an assessee should conduct its business. The court will not question the business expediency of a transaction, even if a third party also benefits.

Taparia Tools Ltd. v. JCIT
372 ITR 605 · 2015 · Supreme Court
343
citing judgments

An expenditure does not automatically become capital in nature merely because it results in some enduring benefit for the assessee; it can be treated as revenue expenditure if incurred for genuine business purposes.

Alembic Chemical Works Co. Ltd. v. CIT
177 ITR 377 · 1989 · Supreme Court
275
citing judgments

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

CIT v. Madras Auto Service (P) Ltd.
233 ITR 468 · 1998 · Supreme Court
246
citing judgments

Expenditure providing an enduring advantage, such as upfront lease rent for land, is revenue expenditure if no capital asset is acquired or generated, allowing for deduction under Section 37, even when capitalized in the books of account.

Brooke Bond India Ltd. v. CIT
225 ITR 798 · 1997 · Supreme Court
228
citing judgments

Expenditure incurred for increasing a company's share capital or expanding its capital base, such as expenses related to the issue of shares, constitutes capital expenditure. Such expenses are not deductible as revenue expenditure under Section 37(1) of the Income-tax Act, 1961, even if they incidentally benefit the business.

Judgments citing enduring benefit

Ntt Asia Pacific Holdings Pte.Ltd Formerly Known As Dimension Data Asia Pacific Pte. Ltd, Mumbai vs. The Assistant Commissioner of Income Tax(International Tax) 2(1) (2), Mumbai

In the result, appeal by assessee is partly allowed

ITA 1781/MUM/2022[2019-20]Status: DisposedITAT Mumbai21 Sept 2022AY 2019-20

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1781/मुं/2022 ("न.व. 2019-20) Ntt Asia Pacific Holdings Pte Ltd. (Formerly Known As Dimension Data Asia Pacific Pte. Ltd.) C/O. Dhruva Advisors Llp 1101 & 1102, 11Th Floor, One World Centre, Tower 2B, 841 Senapati Bapat Marg, Elphinstone Road, Mumbai 400 013. Pan: Aadcd – 4348-L ...... अपीलाथ" /Appellant बनाम Vs. The Asstt. Commissioner Of Income Tax (International Taxation) 2(1)(2), Room No.1612, 16Th Floor, Air India Building, Nariman Point, Mumbai 400 021. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Sunil Moti Lala ""तवाद" "वारा/Respondent By : Shri Soumendu Kumar Dash सुनवाई क" "त"थ/ Date Of Hearing : 08/09/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 21/09/2022 आदेश/ Order

For Appellant: Shri Sunil Moti LalaFor Respondent: Shri Soumendu Kumar Dash
Section 143(3)

like. The service should be aimed at and result in transmitting technical knowledge, etc., so that the payer of the service could derive an enduring benefit and utilize the knowledge or know- how on his own in future without the aid of the service provider. In other words

M/S Bosch Limited, Bangalore vs. Assistant Commissioner of Income Tax Ltu Circle-1, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 1629/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 14ASection 35Section 37Section 43BSection 80J

same were in the nature of capital expenditure. without appreciating that the software purchased being application software, which would become obsolete soon, no enduring benefit was bestowed on the Appellant. 8.2 That the CIT(A). erred in disregarding the binding decision of the Hon'ble Tribunal in Appellant ... than one year / at least for a few years till a higher version is purchased is to be treated as capital, as it is enduring benefit. The law provides for 60% depreciation on software considering its life of 2-3 years. So, these software expenses cannot be considered as revenue

L & T Seawoods Ltd., Mumbai vs. ITO 1(2)(2), Mumbai

In the result, appeal of assessee is allowed in the terms aforesaid

ITA 17/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Aug 2022AY 2014-15

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 17/मुं/2019 (िन.व. 2014-15) L & T Seawoods Ltd. 2Nd Floor, L & T House, N.M. Marg, Ballard Estate, Mumbai-400001. Pan: Aabcl4524C ...... अपीलाथ" /Appellant बनाम Vs. Ito-1(2)(2), 5Th Floor, Aayakar Bhavan, M.K. Marg, Mumbai-400020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Nitesh Joshi, Advocate "ितवादी "ारा/Respondent By : Sh. Mehul Jain, Sr-Dr सुनवाई की ितिथ/ Date Of Hearing : 17/06/2022 घोषणा की ितिथ/ Date Of Pronouncement : 12/08/2022 आदेश/ Order This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 02.11.2018 For The Assessment Year (Ay) 2014-15. 2. The Assessee In Appeal Has Assailed The Findings Of Cit(A) In Confirming The Disallowance Made In Respect Of :

For Appellant: Sh. Nitesh Joshi, AdvocateFor Respondent: Sh. Mehul Jain, Sr-DR
Section 142(1)Section 143(3)Section 37

capitalizing the expenditure only for the reason that the modal can be retained for a longer time. Whereas, the assessee would not have any enduring benefit 3 आअसं. 17/मुं/2019 (िन.व. 2014-15) from the modal. The test of endurance alone would not determine the nature of expenditure ... nature of maintaining the brand and/or corporate image and it is not for creation of a brand. Further, the test of enduring benefit urged by the Revenue was considered by the Apex Court in Empire Jute Co. Ltd. v. CIT [1980] 124 ITR 1/3 Taxman 69 to hold that

Asst CIT Circle- 7 (3)(3), Mumbai vs. M/S Piramal Glass Ltd, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 8060/MUM/2019[2003-04]Status: DisposedITAT Mumbai05 Aug 2022AY 2003-04

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 8060/मुं/2019 ("न.व. 2003-04) Cit, Circle 7(3)(2), Room No.128A, 1St Floor, Aaykar Bhavan, M.K.Road, Mumbai - 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Piramal Glass Ltd. (Earlier Known As Gujarat Glass Pvt. Ltd.) 1 Piramal Towerannexe, Ganpatrao Kadam Marg, Lower Parel, Mumbai – 400 013. Pan: Aabcg-0093-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Minlind Chavan ""तवाद" "वारा/Respondent By : Shri Ronak Doshi सुनवाई क" "त"थ/ Date Of Hearing : 13/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 05 /08/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-13, Mumbai [In Short ‘The Cit(A)] Dated 22/10/2019 For The Assessment Year 2003-04. 2. Shri Ronak Doshi Appearing On Behalf Of The Assessee Submitted At The Outset That Revenue In Appeal Has Raised Eight Effective Grounds. Majority Of The Grounds Raised In Appeal By Revenue Are Either Covered By The Order Of 2 Tribunal In Assessee’S Own Case In Ita No.9645/Mum/2004 For Assessment Year 2001-02 Decided On 02/08/2016 Or By The Order Of Hon'Ble Bombay High Court In The Case Of Assessee Titled Pcit Vs. Piramal Glass Ltd. In Income Tax Appeal No.556 Of 2017 Decided On 11/06/2019. 3. Per Contra, Shri Minlind Chavan Representing The Department Vehemently Defending The Assessment Order Prayed For Reversing The Findings Of Cit(A) & Upholding The Additions Made In The Assessment Order. However, Ld. Departmental Representative Fairly Stated That Substantial Issues Raised In The Appeal Have Been Considered By The Tribunal In Assessee’S Own Case For Preceding Assessment Years.

For Appellant: Shri Minlind ChavanFor Respondent: Shri Ronak Doshi
Section 32Section 36(1)(iii)

nature and deleted the addition. 6 9.1 The ld. Departmental Representative submitted that the expenditure incurred by the assessee would result in giving enduring benefit, hence, it was held to be capital in nature by the Assessing Officer. 9.2 We find that the expenditure claimed by the assessee