CIT v . GMR Industries Ltd. (2020) 425 ITR 504 /194 DTR 52(Karn) (HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

Court held that   all the expenses incurred for expansion of the capital base of the company is directly related to the capital. When the object of the assessee is to increase the share capital, the expenses incurred in expanding the share capital would be in the capital field. The assessee with an object to increase the share capital had incurred expenses in the form of payment of interest on account of delay in allotment of shares. The increase in capital resulted in expansion of the capital base of the company and may also help in profit making. Therefore, it retained its character as capital expenditure as the expenditure was directly relatable to expansion of the capital base of the company. The interest was not deductible. ( AY.2003-04)