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Issues involved: Determination of whether the expenditure incurred for a foreign tour of the general manager is capital or revenue expenditure.
Summary: The Income-tax Appellate Tribunal referred the question of whether the expenditure of Rs. 25,077 for a foreign tour in June-July 1970 by the assessee-company's general manager is capital or revenue expenditure. The assessee claimed it as revenue expenditure for diversifying manufacturing activity, while the authorities considered it capital expenditure for a new project. The Tribunal upheld it as capital expenditure. The assessee argued that the foreign tour was for a technical collaboration with a subsidiary of the American Hospital Supply Corporation to manufacture a new product, blood grouping sets, to compete internationally. The earlier collaboration was with a different subsidiary for different products. The expenditure was for a new plant, not to improve existing business. Previous similar expenditure was accepted as for a new product. Thus, the expenditure was deemed capital, not revenue, by the Tribunal. The court found that the expenditure was indeed for a new product and market, not to enhance existing business. Given the factual findings, the Tribunal's decision that the expenditure is capital in nature was upheld. The question was answered accordingly, and the reference was disposed of with no costs awarded.
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