2007 (5) TMI 170 - HC - Income Tax

Capital or revenue expenditure The expenditure incurred by the assessee for setting up steel melting shop for manufacture of raw material for existing business claimed as revenue expenditure Held that expenditure incurred for improving its business, hence expenditure is revenue expenditure

Summary

Issues:
1. Nature of expenditure - capital or revenue?
2. Expansion of existing business or setting up a new business?

Issue 1: Nature of Expenditure - Capital or Revenue?

The case involved the question of whether certain expenditures incurred by the assessee for setting up a Steel Melting Shop should be treated as capital or revenue expenditure for tax purposes. The assessee initially treated the expenditure as capital in its books but later claimed it to be revenue expenditure for business expansion. The Assessing Officer disagreed with the revised claim, citing the initial capitalization in the books. However, the Commissioner of Income Tax (Appeals) accepted the assessee's argument that the expenditure was for the expansion of the existing business, leading to a deduction claim. The High Court concurred, emphasizing that the mere classification of expenditure in the books as capital does not bind the assessee, especially when it is related to business expansion.

Issue 2: Expansion of Existing Business or Setting Up a New Business?

The core issue revolved around whether the setting up of the Steel Melting Shop by the assessee constituted an expansion of the existing business or the establishment of a new business. The Tribunal and subsequently the High Court determined that the expenses incurred were indeed in connection with expanding the existing business, specifically for manufacturing raw materials required for the assessee's current products. Citing legal precedents such as Commissioner of Income Tax v. India Discount Co. Ltd. and Kesoram Industries and Cotton Mills Ltd. v. Commissioner of Income-tax, the courts highlighted that expenses related to extending or bettering the existing business are treated as revenue expenditure. The High Court concluded that manufacturing raw materials for the existing products did not amount to starting a new business, affirming that the expenditure was for the expansion and betterment of the assessee's current business operations.

In conclusion, the High Court dismissed the appeal by the Revenue, stating that no substantial question of law arose for consideration. The judgment reiterated the principles that expenses incurred for the expansion and improvement of an existing business are treated as revenue expenditure, regardless of initial book classification. The decision provided clarity on distinguishing between capital and revenue expenditure in the context of business expansion, emphasizing the importance of the purpose and effect of the expenditure in determining its tax treatment.