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Issues Involved:
1. Deduction of expenses including salary paid to the managing director in computing income under the head "Other sources." 2. Disallowance of 90% of total expenses for the assessment year 1978-79 and allowance of only 10% of income as admissible expenses for the assessment year 1979-80. Issue-wise Detailed Analysis: 1. Deduction of Expenses Including Salary Paid to the Managing Director: The primary issue was whether the expenses incurred by the assessee, including the salary paid to the managing director, could be allowed as a deduction while computing the income assessed under the head "Other sources" for the assessment years 1978-79 and 1979-80. The assessee's income during these years was solely from dividends, categorized under "Other sources." The assessee argued that the expenses were laid out wholly and exclusively for business purposes and should be allowable under "Profits and gains of business or profession." However, since the assessee was not carrying on any business during the relevant years, the court held that such deductions could not be made under "Profits and gains of business or profession" but only under "Income from other sources" as per Section 57 of the Income-tax Act, 1961. The court referenced the Supreme Court's decision in CIT v. Malayalam Plantations Ltd. [1964] 53 ITR 140, which defined the scope of "for the purpose of business" as broader than "for the purpose of earning profits." However, this principle was not applicable as the deductions sought were not for business purposes but for earning income under "Other sources." The court also cited the Supreme Court's interpretation in Sassoon J. David and Co. P. Ltd. v. CIT [1979] 118 ITR 261, which clarified that "wholly and exclusively" does not mean "necessarily," and such expenditure could be incurred voluntarily. Yet, this was relevant only for business expenses under Section 37(1) of the Income-tax Act, 1961, and not for expenses under "Other sources." 2. Disallowance of 90% of Total Expenses for the Assessment Year 1978-79 and Allowance of Only 10% of Income as Admissible Expenses for the Assessment Year 1979-80: The second issue was whether the Tribunal was right in upholding the Income-tax Officer's decision to disallow 90% of the total expenses for the assessment year 1978-79 and allow only 10% of the income as admissible expenses for the assessment year 1979-80. The Tribunal upheld the Income-tax Officer's decision, finding the allowance of 10% of the total expenses for 1978-79 to be more than fair and the allowance of 10% of the income for 1979-80 to be reasonable. The court noted that the assessee did not provide substantial evidence to justify a larger allowance than what was granted. The court referenced the Madras High Court's decision in South Arcot Electricity Distribution Co. Ltd. v. CIT [1974] 94 ITR 469, where it was held that expenses not incurred solely for earning interest income were not deductible. The court found similarities with the present case, where the expenses claimed by the assessee were not directly connected to earning dividend income. The court also discussed the decision in Commr. of Agrl. I. T. v. Kartikulam and Alathur Estates [1988] 169 ITR 386, which dealt with the deduction of professional fees for taxation work under the Agricultural Income-tax Act. However, this decision was not applicable as it did not consider Section 57 of the Income-tax Act, 1961. Ultimately, the court concluded that the Tribunal was justified in its decision, finding no error of law. The expenses claimed by the assessee were not incurred wholly and exclusively for the purpose of earning dividend income, and the allowances made by the Income-tax Officer were deemed reasonable. Conclusion: - Question No. 1: Answered in the affirmative, against the assessee and in favor of the Revenue. - Question No. 2: Answered in the affirmative, against the assessee and in favor of the Revenue. A copy of the judgment will be forwarded to the Income-tax Appellate Tribunal, Cochin Bench.
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