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Hon’ble High Court holds that replacement of machinery resulting in enduring benefit amounts to capital expenditure, not revenue expenditure The Income Tax Appellate Tribunal had allowed the assessee’s claim treating expenditure on replacement of machinery as revenue expenditure under “current repairs.” However, the High Court found that the Tribunal relied solely on a precedent that was subsequently overruled by the Supreme Court. The Madras Court observed that each machine in a textile unit is an independent entity and not part of a single composite system, and replacement of such ma...
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Author Bio

I am Delhi Delhi-based advocate specializing in tax litigation and advisory, especially to corporates. I represent taxpayers at all tax tribunals and High Courts. we also undertake advisory in Mergers and Acquisitions matters. My contact details are vgrmc2018@gmail.com. 9811728992. View Full Profile

My Published Posts

Advances Not Taxable Under Section 56(2)(ix) Without Actual Forfeiture: Karnataka HC Ground Handling Income Taxable in India, Not Exempt Under India-UK DTAA: ITAT Delhi Agricultural Land Taxable as Capital Asset as It Fell Within Statutory Distance from Municipality APA Refund Reduces Taxable Royalty, No PE in India: Bombay HC ITAT Criticises AO’s Inaction as Remand Reports & Upholds Section 54 Denial View More Published Posts

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