2002 (11) TMI 791 - HC - Income Tax

Summary

Issues:
1. Deductibility of expenditure on LMW spinning frame and high speed draw frames under IT Act.
2. Interpretation of statutory provisions under IT Act for revenue expenditure.
3. Entitlement to deduction of employer's contribution to provident fund and family provident fund under IT Act.

Analysis:
1. The case involved questions regarding the deductibility of expenditure on LMW spinning frame and high speed draw frames under the Income Tax Act. The assessee claimed the expenditure as either current repairs or revenue expenditure due to a modernization program. The Assessing Officer disallowed the claim, but the Tribunal held that the expenditure was for mill modernization and thus revenue in nature, allowing the claim.

2. The Court referred to a similar issue in Thanjavur Textiles Ltd. and remitted the matter back to the Tribunal for fresh consideration. The Tribunal was directed to decide the issues related to the first two questions afresh in accordance with the law, based on the judgment in Thanjavur Textiles Ltd.

3. Regarding the third question, the issue was about the entitlement to deduction of the employer's contribution to provident fund and family provident fund under the IT Act. The Court, based on a previous decision, held in favor of the assessee, allowing the deduction even if the payment was made after the accounting year but within the grace period. The Court answered the third question in favor of the assessee and against the Revenue.

In conclusion, the Court directed the Tribunal to reconsider the issues related to the first two questions while affirming the entitlement to deduction of the employer's contribution to provident fund and family provident fund for the assessee.