2006 (9) TMI 92 - HC - Income Tax

Question arises relating to business expenditure on account of leave with wages and tour expenses, depreciation and investment allowance, deduction u/s 80J in respect to the refinery units and investment allowance on electrical installation - Held all the matter in favour of assessee

Summary

Issues:
1. Allowance of 'leave with wages' provision as a contingent liability.
2. Claim for depreciation and investment allowance on grain analysers without proof of use.
3. Classification of Refinery units as 'Industrial undertaking' for investment allowance and deduction.
4. Allowance of investment allowance on electrical installations like exhaust fans and humidifiers.
5. Treatment of tour expenses as revenue expenditure despite being incurred for importing machinery.

Analysis:
1. The first issue pertains to the allowance of a provision for 'leave with wages' as a contingent liability. The High Court referred to a previous judgment and held in favor of the assessee, citing relevant case law and lack of contrary views from the Revenue. The Court decided in favor of the assessee based on established legal principles.

2. The second issue involves the claim for depreciation and investment allowance on grain analysers without proof of their use in the industrial undertaking. The Court referenced a judgment from the Gujarat High Court and affirmed the allowance based on the integral nature of certain installations as part of plant and machinery. The decision favored the assessee due to factual findings and legal precedents.

3. The third issue revolves around the classification of Refinery units as 'Industrial undertaking' for investment allowance and deduction purposes. The Court relied on previous judgments and agreed with the counsel that the question had already been answered in favor of the assessee. Following established legal principles, the Court ruled against the Revenue and in favor of the assessee.

4. The fourth issue concerns the allowance of investment allowance on electrical installations like exhaust fans and humidifiers. The Court referred to factual findings and legal precedents to support the decision in favor of the assessee. The judgment highlighted the integral nature of certain installations as part of the plant and machinery, leading to the allowance of investment allowance.

5. The fifth issue addresses the treatment of tour expenses as revenue expenditure despite being incurred for importing machinery. The Court considered the purpose of the tour and concluded that the expenses were rightly treated as revenue expenditure, even without the purchase of machinery. The decision was based on the specific findings of the Tribunal regarding the tour's purpose.

In conclusion, the High Court decided in favor of the assessee for all the issues raised, citing relevant case law, factual findings, and legal principles to support its judgments. The reference was disposed of accordingly, with each issue analyzed and decided in favor of the assessee against the Revenue.