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Issues Involved:
1. Eligibility for weighted deduction on agricultural development allowance under section 35C of the Income-tax Act, 1961, in respect of depreciation on assets. 2. Taxability of profit on exchange amounting to Rs. 1,40,529. 3. Classification of monetary payments for reimbursement of medical expenses to employees under section 40A(5) of the Income-tax Act, 1961. 4. Allowability of ex gratia payments to the dependants of former employees in the computation of business income. Issue-wise Detailed Analysis: 1. Eligibility for Weighted Deduction on Agricultural Development Allowance: The court examined whether the assessee was eligible for a weighted deduction on agricultural development allowance under section 35C of the Income-tax Act, 1961, in respect of depreciation on assets used for providing goods, services, or facilities. The Tribunal had previously denied this deduction, interpreting that depreciation is not an expenditure eligible for such allowance. The court referred to the case of CIT v. Indian Jute Mills Association, where depreciation was considered an expenditure incurred. However, it noted that the allowance under section 35C should not cover expenses incurred by the assessee for itself. The court ultimately held that the Tribunal was correct in its interpretation, denying the deduction for depreciation, and answered the question in the negative, favoring the assessee. 2. Taxability of Profit on Exchange: The court addressed whether the profit on exchange amounting to Rs. 1,40,529 was taxable. The Tribunal had held that this profit, arising from favorable foreign exchange rates on export sales, was a trading receipt and thus taxable. The court analyzed the nature of the profit, distinguishing it from cases where profits arose from fluctuations or escalations in prices. It emphasized that the profit was specifically from exchange rate fluctuations and not from trading activities. Referring to the decision in Indo-Burma Petroleum Co. Ltd. v. CIT, the court concluded that the profit on exchange was not a trading profit and thus not taxable. The question was answered in the negative, favoring the assessee. 3. Classification of Monetary Payments for Reimbursement of Medical Expenses: The court examined whether monetary payments made by the assessee-company to its employees for reimbursement of medical expenses represented expenditure resulting in the provision of any benefit or amenity under section 40A(5) of the Income-tax Act. The Tribunal had held that direct payments to employees did not constitute perquisites and thus could not be disallowed under section 40A(5). The court upheld this view, referencing the decision in CIT v. Kanan Devan Hills Produce Co. Ltd., which supported the exclusion of direct payments from the definition of perquisites. The question was answered in the affirmative, favoring the assessee. 4. Allowability of Ex Gratia Payments to Dependants of Former Employees: The court considered whether ex gratia payments to the dependants of former employees were allowable in computing the business income of the assessee-company. The Tribunal had found that these payments were motivated by commercial expediency and were for business purposes, thus allowable. The court agreed, noting the Tribunal's finding that the payments were made to maintain goodwill and loyalty among employees, and referenced the decision in Calcutta Landing & Shipping Co. Ltd. v. CIT, which supported such allowances. The question was answered in the affirmative, favoring the assessee. Conclusion: The court concluded by answering both questions referred at the instance of the assessee in the negative and in favor of the assessee, and both questions referred at the instance of the Commissioner in the affirmative and in favor of the assessee. Each party was ordered to bear its own costs.
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