2008 (7) TMI 394 - HC - Income Tax

Amortization of preliminary expenditure section 35D - expenditure incurred by the assessee on techno-economic feasibility report for the manufacture of the new product held that - It is an uncontroverted fact that the assessee is in the business of laying road and also a Government of Tamil Nadu company incorporated as a nodal agency for implementation of the Industrial Policy in the State of Tamil Nadu and for creation of infrastructure facilities such as road system highways bridge projects in the State on a commercial frame work. On the abovesaid finding of fact, the Commissioner (Appeals) has come to the conclusion that those expenses cannot be treated as capital expenditure for the current year and the expenses clearly come within the ambit of the provisions of section 35D because these have not been incurred for the expansion or extension of business but merely to find out new ideas by conducting test studies and pilot studies for improving the existing business.

Summary

Issues:
1. Disallowance of expenditure on techno-economic feasibility report for a new product.
2. Consideration of expenses related to feasibility study for a new project as revenue expenditure.

Analysis:

Issue 1: Disallowance of Expenditure on Techno-Economic Feasibility Report
The appellant, engaged in infrastructure road projects, claimed Rs. 70,73,967 as revenue expenditure for a techno-economic feasibility report for a new product in the assessment year 2003-04. The Assessing Officer disallowed the claim, treating it as capital expenditure. The Commissioner of Income-tax (Appeals) allowed the appeal, citing expenses as general business expenses not specific to setting up a new project. These expenses were incurred for test studies and pilot studies to improve existing business, falling under section 35D provisions. The Commissioner held that the expenses were not for business expansion but to explore new ideas. Relying on precedents, the Commissioner concluded the expenses were legitimate and not capital in nature. The Tribunal upheld this decision, leading to the Revenue's appeal.

Issue 2: Expenses Related to Feasibility Study for a New Project
The Commissioner found that the expenses in question were incurred on various test studies, feasibility reports, and pilot studies, not earmarked for a specific new project setup. These expenses were considered general business expenses in the course of operations. As the appellant was primarily involved in road infrastructure projects as a nodal agency for the State of Tamil Nadu, the expenses were viewed as aimed at improving existing business rather than expanding it. The authorities and the Tribunal concurred that the expenses were not for a new project but for enhancing the current business operations. The Revenue failed to establish that the expenses were related to a new project, leading to the dismissal of the appeal.

In conclusion, the Court dismissed the appeal, upholding the decisions of the lower authorities that the expenses in question were revenue in nature and not capital expenditures. The judgment emphasized that the expenses were incurred for improving existing business operations through test studies and pilot projects, aligning with the business's core activities.