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Issues Involved:
1. Whether the payment to the foreign collaborator is a revenue expenditure or a capital expenditure. Summary: Issue 1: Revenue Expenditure vs. Capital Expenditure The primary issue in this tax case is whether the payment of Rs. 20,56,956 made by the assessee to the foreign collaborator, Perkins Engines Ltd., England, for the import of technical know-how documentation related to a new three-cylinder diesel engine, should be classified as a revenue expenditure or a capital expenditure for the assessment year 1980-81. The Income-tax Officer initially classified the payment as a capital expenditure, reasoning that the technical know-how provided an indefinite benefit to the assessee, with a restriction on sharing the know-how with other concerns only for the first ten years. The Commissioner of Income-tax (Appeals) reversed this decision, treating the payment as a revenue expenditure, citing a similar case involving Tractors and Farm Equipment Ltd. (TAFE) where the Income-tax Appellate Tribunal had ruled in favor of revenue expenditure. The Income-tax Appellate Tribunal upheld the Commissioner of Appeals' view, leading to the Revenue appealing the decision. The Tribunal referred the legal question to the High Court: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the amount of Rs. 10,56,956 paid for acquiring technical know-how should be allowed as a revenue expenditure?" The High Court examined the agreement for the sale of technical information and know-how, noting that the purpose was for assembling and manufacturing diesel engines in India. The court emphasized that the payment was made for business purposes, not for acquiring an enduring technical asset. The court also considered the rapid obsolescence of technical knowledge in the automobile industry, concluding that the technical know-how would become obsolete within a few years, negating any enduring benefit. The court referenced several precedents, including the Supreme Court's decision in Alembic Chemical Works Co. Ltd. v. CIT, which highlighted the importance of considering the rapid advances in technology and the non-enduring nature of technical know-how. The court also cited CIT v. Madras Rubber Factory Ltd., which established that technical knowledge, even if enduring, impacts the running of the business and should be treated as revenue expenditure. The High Court distinguished the present case from the Supreme Court's ruling in Scientific Engineering House P. Ltd. v. CIT, where technical documentation was classified as a "plant" u/s 43(3) of the Act. The court noted that in the current case, the technical know-how was acquired to improve the existing manufacturing process, not to establish a new business. Applying the tests laid down by the Supreme Court in Jonas Woodhead and Sons (India) Ltd. v. CIT, the High Court concluded that the payment was made for the betterment of the existing business and not for acquiring a new plant or technology. Therefore, the expenditure should be classified as revenue in nature. The High Court answered the question of law in the affirmative, ruling in favor of the assessee and against the Revenue, with no order as to costs.
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