MANIRAM & SONS v. INCOME TAX OFFICER
[Citation -1984-LL-1128]
Citation | 1984-LL-1128 |
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Appellant Name | MANIRAM & SONS |
Respondent Name | INCOME TAX OFFICER |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 28/11/1984 |
Assessment Year | 1979-80 |
Judgment | View Judgment |
Keyword Tags | expenditure on replacement • state electricity board • business expenditure • revenue expenditure • capital expenditure • wear and tear |
Bot Summary: | The first ground pertains to the expenditure incurred on replacement of old cable lines in the cinema house which the ld CIT and the ITO have held to be capital expenditure. CIT has in a very long and labored order held that it is capital expenditure because the cable line from the transformers to the assessee's premises belonged to the Rajasthan State Electricity Board and not to the assessee. When an assessee who is running a cinema house has to draw electricity from a transformer and the cable bearing the power gets worn out by wear and tear, the expenditure on replacement is business expenditure pure and simple and not capital expenditure in any event. Insofar as the expenditure shall be allowed as Revenue expenditure, the assessee will no be entitled to depreciation thereon. The ITO allowed Rs. 5,000 out of Rs. 11,678 treating t h e expenditure as entertainment expenditure. The expenditure on giving complimentary passes to certain authorities and also to the distributors, etc. It not in order to entertain them or offer hospitality to them, but is pure business expenditure. |