2013 (7) TMI 1080 - AT - Income Tax

Summary

Issues Involved:
1. Allowability of deduction u/s 35(1) of the Income-tax Act, 1961 for product development expenditure related to scientific research.
2. Classification of the expenditure as capital or revenue in nature.

Summary:

Issue 1: Allowability of Deduction u/s 35(1)
The primary issue in these appeals is the allowability of deduction u/s 35(1) of the Income-tax Act, 1961 for product development expenditure related to scientific research activities. The assessee claimed product development expenditure for various assessment years, which included interest on loans and cost of consumables. The Assessing Officer (AO) disallowed the expenditure on the grounds that it was capital in nature and not revenue expenditure, despite the assessee's plea that the expenditure was incurred on research and development in a recognized in-house facility. The AO argued that the expenditure resulted in obtaining patent rights and provided enduring benefits to the assessee, thus classifying it as capital expenditure. The AO relied on judicial decisions such as CIT v. Navsari Cotton and Silk Mills Ltd., Hylam Ltd. v. CIT, and Triveni Engg. Works Ltd. v. CIT to support the disallowance.

On appeal, the CIT(A) observed that the expenditure was indeed incurred for scientific research and development, and the assessee was recognized as a scientific research company by CSIR. The CIT(A) noted that the expenditure was approved by reputed organizations like IDBI, ICICI Bank, and CSIR for collaborative research and development projects. The CIT(A) held that the expenditure constituted revenue expenditure and was allowable u/s 35(1)(i) of the Act, even if it was capitalized in the books of account.

Issue 2: Classification of Expenditure as Capital or Revenue
The CIT(A) further observed that even if the expenditure was considered capital in nature, it would still be covered by clause (iv) of sub-section 1 of section 35 read with sub-section 2(ia) of section 35, which allows deduction of capital expenditure on scientific research. The CIT(A) clarified that section 35(2AB) allows weighted deduction for in-house R&D expenditure by a bio-tech company, while section 35(1) allows separate deductions for different R&D projects. Thus, both deductions are independently allowable.

The Revenue appealed against the CIT(A)'s decision, arguing that the expenditure was incurred during the pre-commencement period and intended for commercial production, resulting in enduring benefits. The Revenue relied on judicial decisions to argue that the expenditure was capital in nature.

The Tribunal, after considering the arguments and relevant case laws, concluded that the expenditure incurred by the assessee was for setting up of facilities for commercial production of new products and not for scientific research. The Tribunal held that the provisions of section 35(1)(i) or (iv) do not apply to the assessee's case, and the expenditure should be treated as capital expenditure. Consequently, the appeals of the Revenue were allowed.