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Interpretation of expenditure on a rubber estate as revenue or capital nature. Analysis: The case involved determining whether the expenditure incurred on a rubber estate before it began yielding profits should be classified as revenue or capital expenditure. The Income-tax Officer disallowed the expenses, deeming them as capital in nature since the estate had not started yielding. The Appellate Assistant Commissioner differentiated the expenses incurred before and after the estate began yielding, allowing the latter as revenue expenditure. The Appellate Tribunal upheld the capital nature of the expenditure, reasoning that all expenses up to the first tapping contributed to the estate's cost. The High Court, however, disagreed with the Tribunal's view, citing the Vallambrosa Rubber Co. Ltd. case as a precedent. The court emphasized the distinction between capital and revenue expenditure in plantation trades, stating that once the plantation is established, ongoing maintenance expenses are considered revenue expenditure. The court rejected the argument that expenditure should only be allowed if profits are derived, citing precedents that support deductions for expenses wholly and exclusively for trade purposes, even if unremunerative. Furthermore, the court referenced the Ouchterlony Valley Estates Ltd. case and a Supreme Court decision to support the allowance of expenses related to immature rubber trees for calculating agricultural income. The court dismissed the department's contention that the expenditure items did not qualify as revenue expenditure, emphasizing that the nature of the expenses had already been established as revenue-related by the departmental officers and the Tribunal. Ultimately, the High Court answered the referred question in favor of the assessee, concluding that the expenditure on the rubber estate was of a revenue nature. The court awarded costs to the assessee and highlighted the distinction between capital and revenue expenditure in the context of plantation trades, emphasizing the allowance of ongoing maintenance expenses even before profits are realized.
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