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Issues Involved:
The judgment involves the following Issues: 1. Whether the expenditure incurred by the assessee for modernization of the factory is allowable as revenue expenditure for the assessment years 1979-80 and 1980-81. 2. Whether the assessee is entitled to claim deduction towards bonus paid in excess of the statutory bonus for the assessment year 1980-81. Issue 1 - Expenditure for Modernization: The assessee, having a spinning mill, claimed deduction of Rs. 3,51,852 and Rs. 6,87,014 for the assessment years 1979-80 and 1980-81, respectively, as revenue expenditure. The Income-tax Officer initially rejected the claim, deeming it as capital expenditure. However, the Commissioner of Income-tax (Appeals) found that the expenditure was on renovating and replacing old machinery parts, which, as per the Tribunal's decision, was imperative for the business to run smoothly and efficiently. The Tribunal concluded that the expenditure was revenue in nature, considering the competitive business environment and the necessity for modernization. Issue 2 - Deduction for Bonus Paid: The second issue pertains to the claim of deduction towards bonus paid in excess of the statutory bonus for the assessment year 1980-81. The Tribunal did not adjudicate on whether the bonus paid satisfied the conditions under section 36(1)(ii) of the Income-tax Act. In light of previous decisions, the court declined to answer the question and directed the Tribunal to reconsider the matter, ensuring compliance with the specified conditions for bonus deduction. The judgment, delivered by VARGHESE KALLIATH J., addressed the Revenue's references concerning the above issues. The court upheld that the expenditure for modernization was revenue expenditure and directed a fresh consideration of the bonus deduction claim based on statutory provisions and relevant precedents.
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