2011 (9) TMI 667 - HC - Income Tax

Expenditure incurred on closure of business of manufacturing activity - Assessee in more than one business, manufacturing Powdered Soft Drink & Trading in Soft drink - employees in manufacturing activity were laid of, severance cost of employees 93,91,706 & marketing cost of research 29,14,242, treated as Capital Expenditure - Held That - In view of Narain Swadeshi Weaving Mills v. CEPT (1954 - TMI - 11 - SUPREME Court), since the assessee had been doing other business activity also, namely, trading it could not be said that the assessee had closed its business. - Decided in favor of assessee.

Summary

Issues:
1. Expenditure treatment - Severance cost and marketing research expenses.

Analysis:
The case involved an appeal regarding the treatment of expenditures incurred by the assessee during the assessment proceedings. The Assessing Officer disallowed the expenditure of Rs. 93,91,706 as severance cost of employees and Rs. 29,14,242 on marketing and research expenses, considering them as capital in nature. The Commissioner of Income-tax (Appeals) upheld the disallowance of severance cost but allowed the marketing and research expenses as revenue in nature. Both parties appealed against this decision. The Income-tax Appellate Tribunal allowed the assessee's appeal and dismissed the Revenue's appeal, leading to the current challenge of the Tribunal's order.

Regarding the severance cost of employees, the assessee had ceased manufacturing powdered soft drink "Tang" due to non-profitability, resulting in laying off employees and incurring severance costs. The Assessing Officer treated this as a closure of business, hence capital expenditure. However, the Tribunal found that the assessee was engaged in multiple business activities, including trading in soft drinks, and the suspension of one activity did not constitute a business closure. The turnover in subsequent years indicated the manufacturing activity was merely suspended, not permanently closed. Citing the Supreme Court's definition of "business," the Tribunal concluded that since the assessee continued other business activities, the suspension of manufacturing did not equate to business closure, a decision upheld by the High Court.

In light of the above analysis, the High Court dismissed the appeal, stating that no substantial question of law arose from the Tribunal's order. The judgment affirmed the Tribunal's decision on the treatment of the severance cost of employees, emphasizing the continuity of other business activities by the assessee despite suspending the manufacturing of powdered soft drink "Tang."