The High Court in (2022] 447 ITR 29 (All) held that renovation of bare shell premises taken for business would classify as repairs deduction u/s30(a) (I). And in the Courts mind the word “repairs” is much wider than the expression “current repairs” deduction in clause (ii) available to the owner of premises. In particular the court also held that once the assessee’s claim falls within that provision there is no question of considering the question of applicability of section 32 explanation 1.
In this case the assessee has incurred renovation expenses for customizing the leased premises for its use and an amount of Rs. 47,37,14,260 has been debited to the profit and loss account and considered as revenue in nature.