Just a moment...

Top
Help
Upgrade to AI Search

We've upgraded AI Search on TaxTMI with two powerful modes:

1. Basic
Quick overview summary answering your query with referencesCategory-wise results to explore all relevant documents on TaxTMI

2. Advanced
• Includes everything in Basic
Detailed report covering:
     -   Overview Summary
     -   Governing Provisions [Acts, Notifications, Circulars]
     -   Relevant Case Laws
     -   Tariff / Classification / HSN
     -   Expert views from TaxTMI
     -   Practical Guidance with immediate steps and dispute strategy

• Also highlights how each document is relevant to your query, helping you quickly understand key insights without reading the full text.Help Us Improve - by giving the rating with each AI Result:

Explore AI Search

Powered by Weblekha - Building Scalable Websites

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Articles

Back

All Articles

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
Sort By:
Relevance Date

Interior work in Rented Premises is Revenue Expenditure

Vivek Jalan
Classification of expenditure: Interior renovations in rented premises treated as revenue where no permanent asset or right arises. Expenditure is capital if it creates an enduring asset or right; it is revenue if it is integral to carrying on business without creating a fixed asset. Interior works in rented premises (painting, plaster of Paris, labour) do not produce a permanent asset or right and thus constitute revenue expenditure. Even where lease duration is long and benefits endure, the advantage is to business operation rather than a capital transaction. GST treatment and input tax credit/refund considerations may be governed by GST principles and administrative practice. (AI Summary)

The tests to classify a particular expenditure as Capital or Revenue Expenditure as follows –

  1. If the outgoing expenditure is so related to the carrying on or the conduct of the business that it may be regarded as an integral part of the profit- earning process the expenditure may be regarded as revenue expenditure.
  1. If an asset or a right of a permanent character comes into existence due to incurring an expenditure, the possession of which is a condition of the carrying on of the business, then the expenditure may be regarded as capital expenditure.

Now the question is whether interior expenses done on the rental shop for the purpose of its smooth running of the business is a capital expenditure or revenue expenditure? Let’s answer this by following the above test –

  1. The expenses were advantageous only for facilitating the business activities.
  2. The nature of expenses included painting, plaster of Paris and the labour charges
  3. No fixed assets or right of permanent character came into existence due to such expenditure

Hence, the expenses for Interior work in Rented Premises would be treated as revenue expenditure.

In case the lease agreement was executed for a long period of time, say 22 months or even more – can it be contended that the expenditures incurred on the renovation of the business premises will generate benefit to the assessee over a long period of time and hence it will be treated as a capital expenditure? There is no ambiguity that the assessee shall gain the benefit out of the interior expenses incurred by it. But the benefit is in the nature of smooth and efficient running of the business. As such the benefit to the assessee, though enduring in nature, but the same is not on capital transaction rather it directly relates to the revenue transaction of the assessee. Thus, the same i.e., interior expenses cannot be categorized as capital in nature.

answers
Sort by
+ Add A New Reply
Hide
KASTURI SETHI on Jan 15, 2023

Dear Sh.Vivek Jalan Ji,

Your article is small but very very useful. You have cleared the air. It is absolutely necessary to know the difference between both terms, especially for taking ITC. Thanks for writing this article.

Senguttuvan Kuppusamy on Jan 15, 2023

Dear Sir

The article seemed to be without any base. Capital or Revenue is from the perspective of Income Tax Act; hence under GST, how it was treated is the base for treating under GST

The reason for someone to treat an expense as Revenue under GST, only when there are avenues for getting refund; else it doesn't make difference

Treating any expenses have enduring effect as Revenue under GST would create issue only when the same is sought as refund

This is my humble opinion

Senguttuvan Kuppusamy on Mar 1, 2023

Dear Sir

The article seemed to be without any base. Capital or Revenue is from the perspective of Income Tax Act; hence under GST, how it was treated is the base for treating under GST

The reason for someone to treat an expense as Revenue under GST, only when there are avenues for getting refund; else it doesn't make difference

Treating any expenses have enduring effect as Revenue under GST would create issue only when the same is sought as refund

This is my humble opinion

+ Add A New Reply
Hide
Recent Articles