2010 (12) TMI 735 - HC - Income Tax

Expenditure incurred for development of new models and samples - Revenue or Capital expenditure - Samples were prepared for getting orders from various companies, like, Mahindera and Mahindera, Bolero, Scorpio and Tata Indica - The assessee had sent the samples for approval and after having received the consent from said companies, production was carried out - The expenditure which was incurred on the samples and casting could not be held to be capital in nature - Hence, the substantial question is decided against the Revenue and in favour of the assessee - The appeal is accordingly dismissed.

Summary

Issues:
1. Admissibility of expenditure for development of new models and samples as revenue expenses.

Analysis:
The High Court heard an appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal regarding the admissibility of an expenditure of Rs. 9,20,000 for development of new models and samples as revenue expenses for the assessment year 2000-01. The Revenue challenged the Tribunal's decision to treat the expenditure as revenue in nature. The Tribunal found that the expenses were incurred on castings, labor, and electricity for preparing samples to secure orders from companies like Mahindra & Mahindra, Bolero, Scorpio, and Tata Indica. The Tribunal concluded that the expenditure was revenue in nature as it did not provide any enduring benefit and was necessary for securing orders. The Tribunal directed the Assessing Officer to treat the expenses as revenue and allow the same.

The High Court considered the arguments presented by both parties and examined the facts of the case. The Court noted that the samples were prepared to obtain orders from various companies, and after approval, production was initiated. The Court agreed with the Tribunal's findings that the expenditure on samples and casting could not be categorized as capital in nature. The Court observed that since the assessee had filed a return showing a loss, there was no motive behind the expenditure to affect revenue. Therefore, the Court upheld the Tribunal's decision to treat the expenses as revenue in nature. The Court found no fault in the Tribunal's order and dismissed the appeal, deciding the substantial question against the Revenue and in favor of the assessee.

In conclusion, the High Court affirmed the Tribunal's decision to treat the expenditure of Rs. 9,20,000 for development of new models and samples as revenue expenses. The Court found that the expenditure was necessary for securing orders from various companies and did not provide any enduring benefit, thus justifying its classification as revenue expenditure. The Court's detailed analysis considered the nature of the expenses, the purpose for which they were incurred, and the impact on the assessee's revenue, leading to the dismissal of the Revenue's appeal.