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Issues Involved:
1. Nature of lease rent expenditure: capital vs. revenue. 2. Applicability of section 40A(2)(a) of the Income-tax Act. 3. Reasonableness of lease rent. 4. Disallowance of commission paid on purchase of Khair wood. 5. Disallowance of sample distribution expenses. Detailed Analysis: 1. Nature of Lease Rent Expenditure: Capital vs. Revenue The primary issue was whether the increased lease rent paid by the assessee to the trust was capital or revenue expenditure. The assessee claimed it as revenue expenditure, while the Assessing Officer (AO) treated it as capital expenditure, referencing a prior Tribunal decision for the assessment year 1992-93. The Tribunal, however, held that the expenditure was of a revenue nature, allowing it as a deduction. The Tribunal's contrary views on this issue are now pending before the Honourable High Court. 2. Applicability of Section 40A(2)(a) of the Income-tax Act The AO invoked section 40A(2)(a), concluding that the payment made by the assessee was excessive. The Tribunal had previously remanded the issue to the AO for a fresh examination of the reasonableness of the lease rent. The AO was required to substantiate the reasonableness of Rs. 6,75,000 paid as monthly rent. The Tribunal emphasized that the AO must specifically determine whether the expenditure was excessive or unreasonable by considering market value, legitimate business needs, and benefits derived by the assessee. 3. Reasonableness of Lease Rent The AO, upon remand, determined that a reasonable lease rent would be Rs. 22,30,642 for the assessment year 1994-95, disallowing the excess amount. The CIT(A) slightly modified this figure, considering a normal increase in rent over time. The assessee argued that the AO and CIT(A) failed to consider various factors such as the trust's agreement not to carry on a competing business and the benefits derived from government quotas and licenses. The Tribunal found that the AO did not adequately address these factors or provide a clear finding on the market value of the lease. The Tribunal also noted the relevance of a comparable lease agreement with H.P.M.C., which supported the reasonableness of the rent paid to the trust. The Tribunal concluded that the AO failed to justify the disallowance under section 40A(2)(a) and directed the deletion of the addition made by the revenue authorities. 4. Disallowance of Commission Paid on Purchase of Khair Wood The assessee claimed a deduction for commission paid to two individuals for the purchase of Khair wood. The AO disallowed the claim, questioning the necessity and substantiation of the commission payments. The CIT(A) upheld the disallowance, referencing similar disallowances in previous years. However, the Tribunal found that the assessee had substantiated the payments with necessary agreements and documentation, directing the AO to allow the deduction. 5. Disallowance of Sample Distribution Expenses The AO made an ad hoc disallowance of Rs. 10,000 out of the total sample distribution expenses claimed by the assessee, suspecting non-business purposes. The CIT(A) upheld this disallowance. The Tribunal, however, held that the AO could not make an ad hoc disallowance without pointing out specific defects in the vouchers or other justifiable reasons. The Tribunal directed the deletion of the ad hoc disallowance. Conclusion: The Tribunal allowed the appeals related to the assessment years 1994-95 to 1996-97, directing the deletion of disallowances made under section 40A(2)(a) and other heads. For the assessment year 1993-94, the Tribunal partly allowed the appeal, remanding the issue of lease rent reasonableness to the AO for fresh consideration and directing the allowance of commission and sample distribution expenses claimed by the assessee.
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