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Disallowance of expenditures as capital expenditure for contributions to intensive cane development scheme in assessment years 1964-65 to 1966-67. Analysis: The judgment pertains to a reference under the Income Tax Act, 1961, concerning the disallowance of expenditures incurred for contributions to an intensive cane development scheme by a sugar mill company. The Tribunal questioned whether the disallowed expenditures of Rs. 24,000, Rs. 37,000, and Rs. 24,000, in the respective assessment years were justified as capital expenditure. The scheme aimed to enhance sugarcane cultivation through various activities, with costs shared by the factory and sugarcane growers. The Tribunal disallowed the expenditures, considering them as capital expenditure, leading to the present reference. The assessee contended that the expenditures were revenue expenditures incurred for commercial expediency and should be allowed. The argument relied on precedents like the Supreme Court's decision in Lakshmiji Sugar Mills Co. P. Ltd. v. CIT [1971] 82 ITR 376 and the Allahabad High Court's decision in Mahabir Sugar Mills (P.) Ltd. v. CIT [1973] 89 ITR 143. These cases allowed deductions for contributions to cane development councils, emphasizing the benefits to the business and commercial expediency. The High Court analyzed the scheme's details and the nature of expenditures, concluding that the contributions were for improving sugarcane cultivation and indirectly facilitated the business. It distinguished between revenue and capital expenditures, noting that the contributions did not result in the creation of capital assets for the assessee. The court highlighted that the scheme aimed to enhance sugarcane quality and cultivation methods, benefiting both growers and factories. It emphasized that the expenditures were exclusively for business purposes, aligning with the decisions in the referenced cases. In light of the analysis and precedents, the High Court ruled in favor of the assessee, allowing the deductions for the contributions to the cane development scheme. The court held that the expenditures were revenue in nature, laid out for business purposes, and not capital in nature. The judgment favored the assessee, granting costs and fees in their favor.
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