Infrastructure development of leased property expenditure is revenue in nature

Ball Beverage Packaging (India) Pvt. Ltd. Vs ACIT (ITAT Delhi)

ITAT Delhi held that expenditure towards infrastructure development of leased property is revenue expenditure. Accordingly, treating such expenditure as capital in nature is unsustainable in law.

Facts- The appellant company entered into the infrastructure development agreement with M/s Sri City (P) Limited to provide and maintain common facilities and amenities outside the leased property of Assessee Company used for its business/factory. In consideration of aforesaid common facilities and amenities, assessee company paid Rs.13,36,15,059/- to M/s Sri City (P) Limited.

The issue involved here is that as per assessee the same is revenue expenditure, whereas, as per AO it is capital expenditure.

CIT(A) deleted the addition. Being aggrieved, revenue has preferred the present appeal.

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