2011 (5) TMI 1042 - HC - Income Tax

Summary

Issues Involved: The judgment involves adjudication on various questions of law pertaining to Assessment Year 1982-1983.

Question 1: The Tribunal's decision on the admissibility of 50% of expenses of Kamla Retreat as business expenditure of the assessee was challenged. The High Court upheld the Tribunal's decision in favor of the revenue.

Question 2: The issue of entitlement to weighted deduction under section 35-B for expenditure on employees' travel to Kenya was raised. The Tribunal held that the expenditure was part of the cost of providing services and not eligible for deduction, a decision upheld by the High Court.

Question 3: The contention regarding the allowance of a sum as bad debt for non-supply of machinery was discussed. The Tribunal's decision to disallow the deduction was upheld by the High Court based on the amount not being shown as a trading receipt.

Question 4: The correctness of disallowing a sum of interest on deposits under section 40-A(8) was challenged. The High Court upheld the Tribunal's decision against the assessee.

Question 5: The capitalization of expenditure incurred for foreign travel to purchase machinery was disputed. The High Court agreed with the Tribunal's decision to capitalize the amount, as the machinery purchase was not disproved.

Question 6: The nature of consultancy fee paid for a project report that was ultimately abandoned was debated. The assessee chose not to press the question, leading to a decision in favor of the revenue.

Question 7: The treatment of a sum as a contingent liability for a writ petition challenge was examined. The High Court concurred with the Tribunal's view that the amount was contingent on the case outcome, thus not allowable as a deduction. No final order had been passed, leading to a decision in favor of the revenue.

The judgment concludes by disposing of the reference in accordance with the decisions on each question of law.