Income Tax

Repairs to preserve and maintain already existing asset eligible u/s 37(1) as revenue expenditure

Repairs to preserve and maintain already existing asset and to improve its longevity eligible eligible as current repairs 

ABCAUS Case Law Citation:
ABCAUS 3015 (2019) (06) ITAT

Important Case Laws Cited/relied upon by the parties:
CIT vs. M/s MAC Charles (India) Ltd.
CIT vs. TS Tech Sun India Ltd.
Norma India Ltd. vs. ACIT
CIT Vs. Mahalaxmi Mills Ltd 1967 SCR (3) 957
DCIT vs. Ikea Trading (India) Pvt. Ltd.
DCIT vs. Ahmedabad Packaging Industries Ltd.
Sarang and Associates vs. DCIT
ABM Steels Pvt. Ltd. vs. ACIT

This assessee had challenged the order passed by CIT(A) in upholding disallowance out of Repair and Maintenance to Building.

The case was manually selected for scrutiny and notices u/s 143(2) & 142(1) of The Income Tax Act, 1961 (the Act) were issued. The Assessing Officer completed the assessment by making various additions including the disallowance of current repair out of Repairs and Maintenance of building.

The CIT(A) only partly allowed the appeal of the assessee.

Before the Tribunal, the assessee submitted that the company had incurred expenditure for fixing Alco Bond Sheets on outside wall of the factory building to maintain the present structure and also incurred expenditure in respect of interior work which cannot be assumed to create any new asset.

It was further submitted that the assessee incurred expenditure only for keeping an existing asset into its present condition. Also the assessee had not carried out any extension to the existing building, which could classify the said expenses as capital expenditure.

It was submitted the assessee had explained in detail as regards to the nature of the expenditure and also submitted copies of all bills and no adverse material was brought on record by the Assessing Officer to substantiate its claim that the said expenses were giving an enduring benefit to the assessee.

It was further stated that the existing asset was the building. When no extra space was added on account of such repairs, it could not be said that a new asset has come into existence. All these repairs were done to preserve and maintain an already existing asset. In the course of such repairs, if they have upgraded the facilities by fixing of Alco Bond sheets on outer walls of the building, then that would not constitute a new asset or a new advantage.

The Revenue relied upon the decision of the Hon’ble Supreme Court wherein it was held that extent of permissible repairs will depend upon the nature of machinery employed by the assessee.

The Tribunal observed that the assessee incurred expenditure for fixing Alco Bond Sheets on outside wall of the factory building to maintain the present structure and also incurred expenditure in respect of interior work. The assessee incurred expenditure only for keeping an existing asset into its present condition. Besides this, the assessee had not carried out any extension to the existing building, which could classify the said expenses as capital expenditure.

It was noted that the Assessing Officer had not brought any material on record to show that it was an adverse material contrary to the bills and the work carried out by the assessee and the said expenses were giving an enduring benefit to the assessee.

The Tribunal found that all these repairs were done to preserve and maintain an already existing asset. In the course of such repairs, if they had upgraded the facilities by fixing of Alco Bond sheets on outer walls of the building, which did not constitute a new asset or a new advantage.

Therefore, the Tribunal held that the CIT(A) as well as the Assessing Officer was not right in making disallowance of current repairs out repairs & maintenance of building.

Download Full Judgment Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • ICSI

ICSI launches CS Mitr Scheme to give incentive for student registrations

ICSI launches CS Mitr Scheme to give incentive for getting student registered in Executive Programme ICSI has launched CS Mitr…

2 hours ago
  • Income Tax

CPC order u/s 143(1) is appealable and hence no merger with order u/s 143(3) – ITAT

CPC order u/s 143(1) is appealable and hence the doctrine of merger with order u/s 143(3) do not arise -…

16 hours ago
  • GST

Under GST Act, there is no specific provision to disclose route of transportation of goods

Under GST Act, there is no specific provision which bounds selling dealer to disclose route to be taken during transportation…

18 hours ago
  • Companies Act

Restrictions on use of words “Nidhi Limited”-The Nidhi (Amendment) Rules, 2024

Restrictions on use of words Nidhi Limited unless declared as such under section 406(1). Nidhi (Amendment) Rules 2024 MINISTRY OF…

19 hours ago
  • Companies Act

MCA prescribes period & fee for updating directors personal mobile number & email

MCA prescribes period and fee for updating of Directors personal mobile number or email address by e-form DIR-3 KYC  MINISTRY…

19 hours ago
  • GST

GST e-invoice-1 and e-invoice-2 Portals to be launched from 18.07.2024

Integrated Services from NIC-IRP e-invoice-1 and e-invoice-2 Portals GSTN has informed that NIC is releasing the integrated services from e-invoice-1…

1 day ago