AI Structured Summary
Not yet generated for this judgment
Judgment
The captioned appeal pertains to the assessment year 2005-2006. In this appeal, the following issue arises for consideration:-
Whether expenses incurred in the sum of Rs. 28,77,270 incurred on improvement of leasehold premises were in the nature of capital expenditure? If so, whether the Income Tax Appellate Tribunal (in short, the Tribunal) erred in remanding the matter to the Assessing Officer for verification of the expenses incurred.
As regards this Issue the expenses incurred towards improvement of leasehold premises which were situated at Mumbai, Bangalore, Calcutta (now Kolkata) and Delhi were as follows:
The Tribunal sustained the adjudication made by CIT(A) wherein he had held that expenditure made on account of wooden furniture (Rs. 5,04,376), panel work (Rs. 4,14,029) and neonsign Board (Rs. 60,400) aggregating to total of Rs. 9,78,805 as capital in nature and the remaining expense, aggregating to total of Rs. 28,77,270 as revenue expenditure.
We find this issue is covered by our judgment in the case of Commissioner of Income Tax Vs. M/s. Amway India Enterprises in ITA Nos. 1344/2009 and 1363/2009. In view of the above, no question of law arise for our consideration and accordingly, the appeal is dismissed. There shall, however, be no order as to costs.