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Issues Involved:
1. Whether the payment of Rs. 2,94,308 to co-sharers F.E. Dinshaw and Messrs. F.E. Dinshaw Ltd. out of the commission earned by the assessees is allowable as an item of expenditure under Section 10(2)(ix) of the Indian Income-tax Act, 1922. Detailed Analysis: 1. Allowability of Payment as Expenditure under Section 10(2)(ix): The core issue in this case is whether the payment of Rs. 2,94,308 to co-sharers F.E. Dinshaw and Messrs. F.E. Dinshaw Ltd. can be considered an allowable deduction under Section 10(2)(ix) of the Indian Income-tax Act, 1922. This section permits the deduction of any expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains. Facts of the Case: - The assessees, a private limited company, were managing agents for Tata Iron and Steel Co. Ltd. and other companies. - In 1924, Tata Iron and Steel Co. Ltd. required urgent funds, and the assessees arranged a loan of Rs. 1 crore from Mr. F.E. Dinshaw. - As part of the financing agreement, the assessees agreed to assign a share of six annas in the rupee of their commission to Mr. F.E. Dinshaw, which was later reduced to four annas. - For the financial year 1936-37, the assessees paid Rs. 2,94,308 to Mr. F.E. Dinshaw as per the agreement, which the Income-tax Officer disallowed as an expenditure. Arguments and Judgment: - The Income-tax Officer and the Assistant Commissioner disallowed the deduction on the grounds that it was an appropriation of profits and not an item of revenue expenditure. - The Commissioner of Income-tax argued that the payment was not incurred solely for the purpose of earning profits but was made to preserve a source of income, thus constituting capital expenditure. High Court's Analysis: - The High Court examined whether the payment to Mr. F.E. Dinshaw was an expenditure incurred solely for the purpose of earning profits. - The Court noted that the assessees had to arrange finance to continue earning their commission from Tata Iron and Steel Co. Ltd. - The agreement to share the commission with the lender was a necessary commercial arrangement to secure the loan and ensure the continuation of the managing agency. Key Precedents Considered: - Pondicherry Railway Co. v. Commissioner of Income-tax: The Court distinguished this case, noting that the payment in question was not merely a share of profits but a necessary expenditure to earn the commission. - Tata Hydro Electric Agencies, Bombay v. Income-tax Commissioner: The Court referred to the Privy Council's observation that if Tata Sons Ltd. had made the payment, it would have been deductible as an expenditure incurred solely for earning profits. Conclusion: - The High Court concluded that the payment to Mr. F.E. Dinshaw was an expenditure incurred solely for the purpose of earning profits from the managing agency business. - The Court held that the payment was not in the nature of capital expenditure and allowed the deduction under Section 10(2)(ix) of the Act. Final Judgment: - The High Court answered the reference in the affirmative, allowing the deduction of Rs. 2,94,308 as an item of expenditure under Section 10(2)(ix). - Costs on the Original Side scale were to be paid by the Commissioner. The judgment underscores the principle that necessary commercial expenditures to secure and maintain the source of income can be deductible under Section 10(2)(ix) of the Indian Income-tax Act, 1922.
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