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Issues Involved:
1. Deduction of bank charges, legal fees, and interest as revenue expenditure. 2. Classification of travelling and other expenses incurred for training as capital expenditure. 3. Entitlement to depreciation on travelling expenses incurred for a director's visit. Issue-wise Detailed Analysis: 1. Deduction of Bank Charges, Legal Fees, and Interest as Revenue Expenditure: The primary issue was whether the assessee was entitled to claim deductions for bank charges, legal fees, and interest as revenue expenditure. The assessee-company was running a cinema and planned to set up a factory for manufacturing costume artificial jewellery. The specific expenses were Rs. 9,075 for bank charges, Rs. 30,787 for interest on borrowed money, and Rs. 10,000 for legal fees related to acquisition proceedings of land for the project. The Income-tax Officer disallowed these expenses, stating they were not related to the assessee's existing business and were instead linked to a new project. The Commissioner of Income-tax upheld this decision, emphasizing that expenses related to a business not yet set up cannot be allowed. The Income-tax Appellate Tribunal, however, allowed the expenses, citing the unity of control in the business as a single entity. The court referred to various precedents, including Produce Exchange Corporation Ltd. v. CIT, CIT v. Shah Theatres (P.) Ltd., and Challapalli Sugars Ltd. v. CIT. It was noted that the nature of the business and the expenditure must be examined to determine whether it is capital or revenue. The court highlighted that expenditures for acquiring a capital asset or enduring benefit are generally considered capital expenditures. The court concluded that the bank charges and interest were related to the new unit, which had not been operational during the relevant accounting period. Therefore, these could not be considered revenue expenditures. Similarly, legal fees for defending acquisition proceedings were deemed capital expenditures, as they were for creating or completing the title to the land, not for protecting an existing business. 2. Classification of Travelling and Other Expenses for Training as Capital Expenditure: The second issue pertained to the classification of travelling and other expenses incurred for training the director and his spouse in production methods of costume jewellery for a new project. The Tribunal had classified these expenses as capital expenditure. The court did not provide a detailed analysis of this issue, as the assessee did not pursue it further. Consequently, the question was returned unanswered. 3. Entitlement to Depreciation on Travelling Expenses for a Director's Visit: The third issue involved whether the assessee was entitled to depreciation on travelling expenses incurred by a director for a visit to Austria. Similar to the second issue, the court did not delve into this matter, as the assessee did not appear to contest it. This question was also returned unanswered. Conclusion: The court returned the reference unanswered and directed the Tribunal to reconsider the evidence or send the case back to the assessing authority. The Tribunal was instructed to determine whether the film exhibition business and the manufacturing of artificial jewellery constituted the same business and if the related expenditures could be considered business expenditures under section 37. The court emphasized the need for a detailed examination of unity of control, management, and inter-relation of the businesses before arriving at a conclusion.
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