2014 (6) TMI 319

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....Amit Shukla, J.M. The present appeal has been preferred by the Revenue challenging the impugned order dated 11th December 2012, passed by he learned Commissioner (Appeals)-VI, Mumbai, for the assessment year 2009-10. The effective grounds raised by the Revenue are as under:- "1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in holding that the amount o....

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....f the assessee in the assessment year 2007-08 and 2008-09 also. 3. The learned Departmental Representative also admitted that this issue stands covered by the decision of the Tribunal in assessee's own case. 4. After carefully considering the relevant finding of the learned Commissioner (Appeals) and also the Tribunal order dated 29th December 2011, passed in assessee's own case in ITA no.60....

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....htly stated that considering the total block of furniture and fixtures amounting to Rs. 5.25 crores, the repairs and maintenance expenditure of Rs. 60 lakhs could not be stated to be unreasonable, particularly when the furniture and fixtures were being used for business centre. The learned CIT(A) has stated that furniture and fixtures at business centre require inherent higher maintenance expendit....

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....#39;ble Rajasthan High Court in the case of CIT v/s A.M. Sanghvi, 302 ITR 26, wherein it was held that even if the substantial amount is spent on repairs and renovation of office premises taken on rent, it is to be allowed as revenue expenditure because no capital asset is acquired by the assessee. Hence, we hold that there is no infirmity in the order of Ld. CIT(A). Therefore, we uphold his order....