TaxTMI 
TaxTMI 
Interior work in Rented Premises is Revenue Expenditure
X X X X Extracts X X X X
X X X X Extracts X X X X
....nterior work in Rented Premises is Revenue Expenditure<br>By: - Vivek Jalan<br>Income Tax<br>Dated:- 13-1-2023<br><br>The tests to classify a particular expenditure as Capital or Revenue Expenditure as follows - * 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 m....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ay be regarded as revenue expenditure. * 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 bus....
X X X X Extracts X X X X
X X X X Extracts X X X X
....iness is a capital expenditure or revenue expenditure? Let's answer this by following the above test - * The expenses were advantageous only for facilitating the business activities. * The nature of expenses included painting, plaster of Paris and the labour charges * No fixed assets or right of permanent character came into existence due to such expenditure Hence, the expenses for Interior....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 categ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....orized as capital in nature. Reply By KASTURI SETHI as = 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. Dated: 15-1-2023 Reply By Senguttuvan Kuppusamy as = Dear Sir The article seemed to be without any base. Capi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tal 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 refun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d This is my humble opinion Dated: 15-1-2023 Reply By Senguttuvan Kuppusamy as = 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&....
X X X X Extracts X X X X
X X X X Extracts X X X X
....#39;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 Dated: 1-3-2023<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....