2016 (10) TMI 181 - HC - Income Tax

Telecom Company's Abandoned Cell Site Expenses Ruled as Revenue Expenditure Under Income Tax Regulations

Commissioner of Income Tax-3 Versus M/s. Idea Cellular Ltd.

The SC upheld the tribunal's ruling that expenditure on abandoned cell site projects constitutes revenue expenditure. The court determined the expenses ... Allowability of revenue expenditure being the amount written off by the assessee in respect of expenses incurred on projects originally set up to put up cell sites, but later abandoned - expenses were disallowed by the assessing officer as that was spent by the assessee on sites to bring into existence a new asset and new source of income and therefore, such expenditure was in the nature of capital expenditure. Held that:- A cellular tower can be a new independent source of income, if it is erected exclusively for leasing out to the other operators. However, on facts, this was not the position and the tribunal, therefore, rightly concluded that in series of decisions, the High Courts and the Hon'ble Supreme Court of India has laid down the principle that if an expenditure is incurred for doing the business in a more convenient and profitable manner and has not resulted in bringing any new asset into existence, then, such expenditure is allowable business expenditure. In the present case, no new business was set up, but towers in addition to which were already set up were proposed at site, which project was later on abandoned. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this appeal are:(a) Whether the expenditure incurred by the assessee on abandoned cell site projects, written off as revenue expenditure, should be disallowed as capital expenditure under the Income Tax Act, 1961;(b) Whether the expenditure on setting up cellular towers, which were ultimately abandoned, constitutes capital expenditure for creation of a new asset and new source of income or is allowable as revenue expenditure incurred for the existing business;(c) and (d) Two additional questions initially pressed by the Revenue were not considered as they were covered by a subsequent judgment of the same court.2. ISSUE-WISE DETAILED ANALYSISIssue (a) and (b): Classification of Expenditure on Abandoned Cell Sites as Capital or Revenue ExpenditureRelevant legal framework and precedents: The dispute revolves around the distinction between capital and revenue expenditure under the Income Tax Act, 1961, particularly the principle that capital expenditure is incurred for acquisition or creation of a new asset or new source of income, whereas revenue expenditure is incurred for the purpose of carrying on the existing business. The tribunal relied on settled tests and precedents, including the decision in Commissioner of Income Tax, Ranchi vs. Tata Robins Fraser Ltd., which elucidate that expenditure incurred to make the business more efficient or profitable, without creating a new asset or new source of income, is allowable as revenue expenditure.Court's interpretation and reasoning: The assessing officer and the first appellate authority treated the expenditure as capital expenditure, reasoning that the expenses were incurred to bring a new asset and new source of income into existence. They relied on a letter from the assessee indicating the purpose of the expenditure. However, the tribunal reversed this view, holding that the expenditure was incurred for the existing business of providing cellular services and the towers were intended for the assessee's own use, not for leasing to third parties.The tribunal emphasized that the project was abandoned because the sites were unsuitable, and this abandonment did not transform the nature of the expenditure into capital. It held that the cellular towers were not independent sources of income but were instrumental to the existing business, enhancing its efficiency and profitability.Key evidence and findings: The tribunal analyzed the letter and other records submitted by the assessee, confirming that the expenditure was related to the construction of cellular towers for the assessee's own cellular service business. The abandonment of the project was due to site unsuitability, an unavoidable circumstance.Application of law to facts: Applying the established legal principles, the tribunal found that since the expenditure did not result in creation of a new asset or new source of income, but was incurred to facilitate the existing business, it qualified as revenue expenditure. The fact that the project was abandoned did not alter this classification.Treatment of competing arguments: The Revenue argued that the expenditure was capital in nature based on the purpose of bringing a new asset into existence and relied on the assessee's own letter as evidence. The assessee contended that the expenditure was part of the business operations and was written off due to abandonment for reasons beyond control. The tribunal sided with the assessee, finding the Revenue's reasoning unsustainable and the assessing officer's and first appellate authority's orders flawed.Conclusions: The tribunal's conclusion that the expenditure was revenue in nature and allowable as business expenditure was upheld. The appellate court found no perversity or error in the tribunal's application of law to the facts and dismissed the Revenue's appeal.3. SIGNIFICANT HOLDINGSThe court preserved the tribunal's legal reasoning, noting: 'If an expenditure is incurred for doing the business in a more convenient and profitable manner and has not resulted in bringing any new asset into existence, then, such expenditure is allowable business expenditure.'The court further observed: 'When the towers are not exclusively meant for leasing out to third parties for earning the revenue, but used for transmission of telephone signals of assessee's own cellular services, then, it cannot be said that the towers, which are used for the assessee's own business, are new source of income.'The core principle established is that expenditure incurred for enhancing the existing business operations, even if on new assets like cellular towers, is revenue expenditure unless it results in creation of a new business or new source of income. Abandonment of such projects does not convert revenue expenditure into capital expenditure.On the facts, the court held that the expenditure written off by the assessee on abandoned cell sites was rightly treated as revenue expenditure and was allowable. The appeal by the Revenue was dismissed as devoid of merit.