Shri Joginder Singh , Jammu vs Assistant Commissioner Of Income Tax ... on 9 February, 2024
13. In the present case, the capital expenditure would not become
revenue expenditure merely for the reason that it was incurred in
connection with cost of improvement to promotion of business activities
which ultimately resulted in efficiently carrying on day-to-day business.
The facts of cost of construction of bridge have been supported with the
site plan and the photograph (APB, Pg. 26 and 27), which is a matter of
10
ITA No. 87/Asr/2023
Joginder Singh v. ACIT
record, which has never been controverted either by the AO or by the
CIT(A) or the CIT(DR), to disprove that the cost of
improvement/construction of Rs. 1,95,000/- incurred in 2009-10 has never
been incurred by him. Such, disallowance, of the cost of construction of
Rs. 1,95,000/- by the AO, merely based on presumption is not tenable in
the eyes of laws.