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Issues Involved:
1. Whether the Tribunal was right in upholding the disallowance of the assessee's claim for deduction of Rs. 20,000 paid to A.C. Gupta under sections 35(1) and 43(4) or 37(1) of the Income Tax Act, 1961. Issue-wise Detailed Analysis: 1. Disallowance of Deduction under Sections 35(1) and 43(4): The assessee, M/s Crescent Capacitors, claimed a deduction of Rs. 20,000 paid to A.C. Gupta for developing the technique of manufacturing etched foils, either under section 35(1)(iv) as an expenditure of capital nature on scientific research or under section 37(1) as expenditure wholly and exclusively incurred for business purposes. The Income Tax Officer (ITO) disallowed the deduction, viewing the expenditure as capital in nature. The Appellate Assistant Commissioner (AAC) supported this view, adding that the payment was not genuine as it was indirectly received back by the partners of the firm. The Tribunal upheld the ITO's decision, agreeing that the expenditure did not qualify under section 35(1)(iv) and rejecting the claim under section 37(1). 2. Disallowance of Deduction under Section 37(1): The assessee argued that the expenditure was revenue in nature and incurred wholly and exclusively for business purposes. The ITO and AAC did not provide substantial reasoning for treating the expenditure as capital. The Tribunal also did not consider the claim under section 37(1) in detail. The assessee emphasized that the technology for manufacturing etched foils was crucial for their business and not of enduring benefit due to the rapidly developing nature of electronic goods technology. Court's Analysis: The court analyzed the nature of the expenditure, noting that A.C. Gupta had no property right transferable in the technical know-how and developed it specifically for the assessee. The court considered the smallness of the payment relative to the assessee's total taxable income and the necessity of the expenditure for the assessee's business continuity. Legal Precedents: The court referred to several decisions, including the Supreme Court case of Empire Jute Co. Ltd. v. CIT, which emphasized that not all advantages of enduring benefit are capital in nature and that the nature of the advantage in a commercial sense is crucial. The court also cited the Andhra Pradesh High Court's decision in Praga Tools Ltd. v. CIT, which supported the view that expenditure related to the carrying on of business is revenue expenditure. The Karnataka High Court's decision in Mysore Kirloskar Ltd. v. CIT and the Calcutta High Court's decision in CIT v. Hindusthan General Electrical Corporation Ltd. further supported the assessee's stance. Conclusion: The court concluded that the expenditure was revenue in nature and incurred wholly and exclusively for business purposes. The assessee did not acquire a benefit of enduring nature by purchasing the technical know-how. The court answered the question in the negative, in favor of the assessee, and against the Department, allowing the deduction under section 37(1) of the Income Tax Act, 1961. The parties were directed to bear their own costs.
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