1987 (11) TMI 20 - HC - Income Tax

Summary

Issues:
1. Reduction of rebate on dividend and legality of provisions of Finance Acts.
2. Disallowance of salary paid to certain individuals.
3. Allowability of litigation expenses as revenue deductions.
4. Calculation of rebate including drawback of customs duty and refund of excise duty.
5. Inclusion of expenditure in the cost of new looms for depreciation and development rebate.

Analysis:

Reduction of Rebate on Dividend:
The Income-tax Appellate Tribunal referred questions regarding the reduction of rebate on dividend for assessment years 1964-65 and 1965-66. The Tribunal upheld the reduction of rebate, stating that it was not a levy on income but a limitation on the available rebate due to the declaration of dividend. The court found the reduction justified under the relevant Finance Acts, distinguishing it from previous cases. The court's decision was influenced by the legal provisions and upheld the Tribunal's ruling, answering question (1) in favor of the Revenue.

Disallowance of Salary and Litigation Expenses:
The questions regarding the disallowance of salary paid to certain individuals and litigation expenses were not pressed by the assessee's counsel. As a result, the court declined to answer these questions, implying that the issues were not pursued further in the judgment.

Calculation of Rebate Including Duty Refunds:
The court considered whether the rebate under specific sections of the Finance Acts should include amounts like drawback of customs duty and refund of excise duty. Referring to a previous case, the court held that such amounts were part of the turnover of the export business and should be included for rebate calculation. However, the court excluded the premium gain on the value of yarn entitlement from the calculation. The court answered questions (4) and (5) accordingly.

Inclusion of Expenditure in Cost of New Looms:
Regarding the expenditure incurred for purchasing new looms and its inclusion in the cost for depreciation and development rebate, the court analyzed the facts. The court found that the expenditure was necessary for bringing the new looms into existence, following established accounting principles. Citing relevant precedents, the court held that the expenditure should be included in the cost of new looms for depreciation and development rebate purposes. The court answered question (6) in favor of the assessee.

Conclusion:
The judgment addressed various issues related to income tax assessments for the mentioned years. It upheld the reduction of rebate on dividend, clarified the inclusion of specific amounts in rebate calculations, and allowed the inclusion of certain expenditures in the cost for depreciation and development rebate. The decision was based on legal provisions, precedents, and accounting principles, providing a comprehensive analysis of the matters raised in the reference.