Ita/860/2016 Of The Pr. Commissioner Of Income Tax-4 v. Ikea Trading (India) P. Ltd

$~2 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 860/2016, CM APPL. 44603/2016 (delay of 20 days)THE PR. COMMISSIONER OF INCOME TAX-4 ..... Appellant Through Mr. Ruchir Bhatia and Mr. Puneet Rai,Advs. versus IKEA TRADING (INDIA) P. LTD. Through None. ..... Respondent CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R %19.12.2016 The Revenue in this appeal under Section 260A of the IncomeTax, 1961 (‘the Act’) urges that the impugned order of the IncomeTaxAppellateTribunal(ITAT),insofarasitholdsthat`1,44,25,239/- claimed towards repair and maintenance expenditure inreality falls into capital stream since it endeavours to the developmentof the assessee. This Court notices, at the outset, that the expenditure claimedwas towards repair and maintenance of the existing buildings andoffice premises.The A.O. did not doubt the expenditure.He,however, was of the opinion that it fell properly in the capital and notin the revenue stream and deemed it fit to tax. This Court notices that the findings of the A.O. was interfered with and set aside by the CIT(A) which in turn was confirmed by theITAT. Furthermore, Section 30 of the Act terms such expenditure asallowable business expenditure. Therefore, no substantial question oflaw arises for determination. The appeal is dismissed. S. RAVINDRA BHAT, J DECEMBER 19, 2016/acm NAJMI WAZIRI, J