ACIT v. Cyrus Investments Pvt. Ltd. (2021) 91 ITR 49 (SN) (Mum.) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure related to stock-in-trade to be allowed as revenue expenditure. [S. 2(14)(i)]

Held that the legal expenses concerned the acquisition of properties or right, title and interest in the properties transferred to the assessee by the erstwhile Nizam. By virtue of the directions of the High Court, certain properties belonging to the Nizam were transferred to the assessee. However, the properties were acquired either by the State Government or some other Government agencies. In respect of some of the properties, compensation had been paid by the Government/Government agencies for acquiring the property. For the assessment years 1990-91 and 1991-92, the first appellate authority had very clearly and categorically held that the immovable properties located at Hyderabad were stock-in-trade of the assessee and this decision had been approved by the Tribunal. Thus, once the immovable properties located at Hyderabad had been held as stock-in-trade, they could not be treated as capital asset in terms of section 2(14)(i) of the Income-tax Act, 1961. Any expenditure related to stock-in-trade has to be considered as revenue expenditure. (AY. 2015-16)