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Expense incurred on rented premises by tenant

Tax queries 7634 views 12 replies
Hello Sir/Madam,
Greetings,
I have a query for which i am still not very much clear about the answer after long study. Actually my assessee is a firm and has been opened the couple of branches at different location on rented premises. Assessee has incurred some expenses on these rented premises for making them suitable for their business purpose, such as:
1) Civil construction at building (i.e. plumbing work, partition for office or classrooms, tiles on floors, painting & repairing of walls,ceilings etc.) & fabrication work (i.e. railings, Iron frame outside windows etc.)
2) Electrical wiring inside or outside walls, wiring for telephone & computer system.
3) Furniture work, some are detachable & some are not.( i.e. counters, almirah, undetachable tables etc.)
Whether the expenses are revenue or capital in nature?
 
Kindly guide me, If i can find any supportive case laws in this context then it will help me alot.
Thanks in Advance !
 
Replies (12)

These are capital in nature as the benefits derived from it will last many years.

I agree with Mihir

You can Create an assets namely Building renovation a/c in fixed assets.
U can also expensed out as u r getting any enduring benefit from it.....but u have to capitalised your furnifure and fixture expenses.....

Hi Suman,

For accounting purpose and as per industry standards no one will capitalise it . It will be treated as revenu because put to gether they might give you enduring benifit but single handed they dont and keeping record of them in FAR is not possible. And it is rented premisis.  So its revenue.

As far as taxation goes, as per Sec 30 the rent of the premisis , "if the assesse has occupied the premisis as tenant and amount of repairs( not being in capital in nature) if he has undertaken to bear the cost of repairs can be claimed as deduction". so all your repairs can be taken as expense.

Thanks all! Thanks karthik, even i am also having the same views but still little confused about electrical wiring or telephone wiring/conduitings. Plz guide me specifically for these expense.

Wiring is down right expense. See where ever you go be it in office premisis or home you incur wiring for telephone and lan connection. These are set up cost you incur irrespective of premisis. That is if you change the premisis again you have to again incur the expenditure for the new premisis, Big companies dont even bother capitalising wiring and lan and electricity modification even if they own the building. 

But electricity expense if it includes your depositing amount with electricity company for AEH lines then that you should not expense. 

If i am not wrong once you clear out the premisis you cannot take wiring with you. It is the additional cost which you have to incur again if you move into new premisis to make it into workable condition. So wiring is a down right expense. But conduting i dont know why you are incurring conduiting expense for rented premisis. Conduting and RCC etc will be done by the builder itself. But if your rent agreement suggest that you incur the expense and the owner of building is not going to refund such amount on you leaving the premisis then expense it otherwise do not. 

Main assumption on which my suggestion is based on is that even though benifit of conduiting and RCC for a substantial period , you as a tenant derive it only till the time you stay there, Where as the owner of the building is the one who derives enduring benifit of it and not you. Kindly expense if the amount is not refundable and you are occupying the premisis as a tenant.

For renovation of office i.e expense of panelling walls, installing book case and safe etc kindly go through "JK industries Vs CIT" case law

Replacement of electricity meters- Reliance Infrastructure Ltd vs CIT 2011

Expenditure on renovation of premisis taken on lease would be allowable - B&A platation industries vs CIT 2000, CIT Vs Kisenchand chellaram 1981, CIT vs Bharat commercial corporation

Expenditure by way of interior decoration with wall papers , partition walls, marble flooring provided in premisis is in the nature of business expenditure for proper carrying on of business therefore deductible - B&A Plantation Industries LTD Vs CIT 2001

Thanks again!!! Sir, we can take this stand for civil work done on rented premise and as you written above for electrical wiring also, my thoughts are very much similar to you, but you have not specifically mentioned anything about furniture & fixtures, are your view same for this too?

"3) Furniture work, some are detachable & some are not.( i.e. counters, almirah, undetachable tables etc.) Shera board partition or Aluminium partition or Glass partition done at rented premise"

Whether the expenses are revenue or capital in nature?

and what if these furniture or partition is having good resale value after detachment??

Thanks & Kind Regards

 

Hello Friends,
 
I want to ask that I am a service provider providing recruitment solutions and having a registered premises at my home. But working on a rental premises in a commercial area. So Can i Claim the rent, rates and other expenses with respect to the premises from where i Use to provide services. I have not registered that premises from where i use to work as that I have taken on rent and i have to keep moving. So, pls Throw some light in this issue.

 
Hi Karthik, Thanks for detailed reply with sitations. My querry is What will be the case, if renovation expense is more than rent. Say rent is 36000 and renovation expenses are 1,08,000?


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