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Issues involved: The judgment involves three main issues: (i) Allowability of expenses for social welfare measures as revenue expenditure, (ii) Allowability of payment made to the occupant of land as revenue expenditure, and (iii) Entitlement to weighted deduction under section 35B of the Income-tax Act.
Issue (i): The Tribunal held that expenses for social welfare measures were not allowable as revenue expenditure for the assessment years 1975-76, 1976-77, and 1977-78. This decision was based on previous court rulings and was answered in favor of the Revenue. Issue (ii): The controversy revolved around the deduction claim of an amount paid to the occupier of land acquired from the Bombay Municipal Corporation. The question was whether this payment constituted revenue expenditure or capital expenditure. The court determined that the payment for vacant possession of the land was an enduring benefit, enhancing the land's value, thus classifying it as an expenditure of capital nature. Consequently, the deduction was not allowed in the computation of business income. Issue (iii): The question was whether the assessee was entitled to weighted deduction under section 35B for export freight, expenses, and bank guarantee commission for the assessment year 1977-78. The court referred to previous decisions and ruled in favor of the Revenue, denying the weighted deduction. In conclusion, the court addressed all three issues raised in the reference under section 256(1) of the Income-tax Act, 1961, and provided detailed reasoning for each, ultimately ruling in favor of the Revenue and against the assessee.
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