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Issues Involved:
1. Entitlement to allowance for extra shifts. 2. Allowability of interest on borrowings for dividend payments. 3. Allowability of interest on borrowings for tax payments. 4. Allowability of specific revenue expenditure. Summary: Issue 1: Entitlement to Allowance for Extra Shifts The first question was whether the assessee is entitled to allowance for extra shifts in the same manner as in the years up to 1965-66. Counsel agreed that this issue was covered by a previous unreported decision of the court in the assessee's own case. Therefore, the answer to this question is in the affirmative and in favor of the assessee, entitling the assessee to the allowance in the proportion applicable at the relevant time. Issue 2: Allowability of Interest on Borrowings for Dividend Payments The second question was whether the interest attributable to borrowings of the overdraft utilized for payment of dividends is an allowable revenue expenditure. Counsel agreed that this issue was covered by the decision in CIT v. Shree Changdeo Sugar Mills Ltd. [1983] 143 ITR 469. Hence, the answer to this question is in the affirmative and in favor of the assessee. Issue 3: Allowability of Interest on Borrowings for Tax Payments The third question involved whether the interest attributable to borrowings of the overdraft utilized for payment of advance tax and/or other taxes is an allowable revenue expenditure. The Tribunal and lower authorities had disallowed this interest based on the precedent that interest paid on borrowings for tax payments is not a legitimate deduction, as held in Kishinchand Chellaram v. CIT [1978] 114 ITR 654. The assessee's counsel argued based on the Woolcombers of India Ltd. v. CIT [1982] 134 ITR 219 (Cal) case, suggesting that the taxes were paid out of deposits rather than the overdraft. However, the court found no factual basis or prior argument supporting this claim in the Tribunal's order. Consequently, the third question is answered in the negative and in favor of the Revenue. Issue 4: Allowability of Specific Revenue Expenditure The fourth question was whether the sum of Rs. 67,299.90 is an allowable revenue expenditure for the assessment year 1968-69. The amount pertained to expenses for extra staff engaged by the Maharashtra State Farming Corporation Ltd. for various activities related to sugarcane purchased by the assessee. The liability for these expenses was disputed and settled only in January 1967. The court referred to the Supreme Court's judgment in CIT v. Swadeshi Cotton and Flour Mills Private Ltd. [1964] 53 ITR 134 and other relevant cases, concluding that where liability arising out of a contractual obligation is disputed, the assessee can claim a deduction in the year the dispute is settled. Therefore, the fourth question is answered in the affirmative and in favor of the assessee. Conclusion: - Question No. 1: Affirmative, in favor of the assessee. - Question No. 2: Affirmative, in favor of the assessee. - Question No. 3: Negative, in favor of the Revenue. - Question No. 4: Affirmative, in favor of the assessee. There shall be no order as to costs.
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