Spicejet Ltd. v. Add. CIT (2023)102 ITR 58 (Delhi)(Trib)

S. 37(1): Business expenditure-Capital or revenue training and licensing of Pilots-Entries in books not determinative of nature of expenditure-Allowable as revenue expenditure in year of incurrence.[S. 145]

Held that the expenditure was incurred towards training and licensing of pilots. There was no dispute that the expenditure incurred was of a revenue nature ; however, entries made in the books of account were not determinative of the nature of the expenditure. By incurring the expenses, the assessee could not be said to derive a benefit which could clearly and unambiguously be identified or allocated over a specified future time period. Once it was held to be revenue expenditure, it had to be allowed in the year of incurrence of the expenditure. Hence, the expenses were fully allowed. Relied on Taparia Tools L td. v. JT. CIT (2015) 372 ITR 605 (SC).(AY. 2006-07 to 2010-11)