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Issues Involved:
1. Disallowance of expenditure as capital in nature for the assessment years 1950-51 and 1951-52. 2. Use of evidence obtained behind the assessee's back and violation of natural justice. Detailed Analysis: Issue 1: Disallowance of Expenditure as Capital in Nature The core issue revolves around whether the expenditure claimed by the assessee for the assessment years 1950-51 and 1951-52 should be classified as capital or revenue expenditure. The assessee, who leased a salt factory from the Government of Cochin, claimed deductions for expenditures incurred in working and maintaining the leased plots. For the assessment year 1950-51, the assessee claimed Rs. 82,816-10-6, and for the assessment year 1951-52, Rs. 66,999 as revenue expenditure. The Income-tax Officer disallowed these claims, categorizing them as capital expenditure, a decision upheld by the Appellate Assistant Commissioner for 1950-51 but partially modified for 1951-52, allowing Rs. 60,000 as revenue expenditure and disallowing Rs. 6,999. The Appellate Tribunal, however, canceled the Appellate Assistant Commissioner's orders and allowed the Department's appeal, leading to the reference to the High Court. The Tribunal's decision was based on the presumption that the original works by the Government had been destroyed, necessitating fresh capital outlay by the assessee. Issue 2: Use of Evidence and Violation of Natural Justice The judgment highlights the improper use of evidence obtained behind the assessee's back. The Income-tax authorities relied on information from the Excise Department, which stated that "very little remained out of the original work done by the Government." This information was not disclosed to the assessee, depriving him of the opportunity to refute it. The assessee's repeated requests for this information were either ignored or inadequately addressed, violating the principles of natural justice. The High Court emphasized that the assessment was vitiated due to the reliance on inadmissible evidence. The Court cited the Supreme Court's ruling in Dhirajlal Girdharilal v. Commissioner of Income-tax, which states that findings based on partly relevant and partly irrelevant material are vitiated. Conclusion and Judgment The High Court concluded that the disallowance of Rs. 51,499-7-6 for 1950-51 and Rs. 60,000 for 1951-52 as revenue expenditure was not justified. The judgment underscored the importance of adhering to natural justice principles and providing the assessee an opportunity to contest the evidence used against him. Consequently, the reference was answered in favor of the assessee, and the respondents were ordered to pay the costs, including an advocate's fee of Rs. 250. Reference Answered Accordingly.
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