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Issues Involved: Determination of whether certain expenditures incurred by the assessee should be treated as revenue expenditure or capital expenditure u/s 37 of the Income-tax Act, 1961.
Development Expenditure for Designing and Perfecting Models: The assessee, M/s. Praga Tools Limited, incurred development expenditure over several years for designing and perfecting models to fulfill manufacturing contracts. The expenditure was written off over the contract period. The Income-tax Officer initially classified the expenditure as capital, but the Appellate Assistant Commissioner and the Tribunal considered it as revenue expenditure. The High Court held that the development expenditure was revenue expenditure as it was incurred solely for executing specific contracts and not for acquiring an enduring asset. The assessee's own treatment of the expenditure as capital was not decisive in determining its nature. Consultancy Services Expenditure: The assessee paid fees to various consultancy firms for advice on improving manufacturing processes, operational control systems, and product quality. The Income-tax Officer disallowed these expenditures as capital, but the Appellate Assistant Commissioner and the Tribunal deemed them as revenue expenditure. The High Court agreed with the lower authorities, stating that the consultancy fees were not for acquiring enduring assets. The advice provided was subject to modifications and not permanent, making the expenditures revenue in nature. The Court ruled in favor of the assessee, holding that the consultancy fees were revenue expenditures u/s 37 of the Income-tax Act, 1961.
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