1985 (11) TMI 46 - HC - Income Tax

Being In S. 35D(2)(c)(iv), Amortisation, Business Expenditure, Entertainment Expenditure, New Industrial Undertaking, Preliminary Expenses

Summary

Issues:
1. Determination of whether 50% of the profits earned should be included in the computation of capital employed for section 84 of the Income-tax Act, 1961.
2. Decision on deducting the expenditure on boring wells as capital or revenue expenditure for the assessment year 1967-68.

Analysis:
1. The first issue pertains to the claim by the assessee that 50% of the profits earned should be included in the computation of its capital employed for section 84 of the Income-tax Act, 1961. It was noted that a previous decision by a Division Bench of the court necessitated answering this question in the affirmative against the assessee without further discussion. Therefore, the claim was rejected based on the precedent set by the earlier decision.

2. The second issue involved determining whether the expenditure of Rs. 12,188 incurred by the assessee in attempting to bore a well at a new factory site was capital or revenue expenditure for the assessment year 1967-68. The court considered the nature of the expenditure, emphasizing that had the well been successfully bored, it would have added to the fixed capital of the assessee. The court concluded that the expenditure was capital in nature as it was incurred in trying to obtain a capital asset. The argument that the expenditure did not relate to the business framework was dismissed, citing a Supreme Court decision that highlighted the test of enduring benefit. The court also referenced a Division Bench decision to support the distinction between capital and revenue expenditure based on direct relation to a capital asset. Ultimately, the court held that the expenditure was capital in nature, in line with a similar view taken by the Allahabad High Court in a related case.

In conclusion, the court answered the second question in the affirmative against the assessee, ruling that the expenditure on boring wells was capital expenditure. The assessee was directed to pay the costs of the reference.