1978 (2) TMI 83 - HC - Income Tax

Summary

Issues Involved:

1. Whether the sum of Rs. 1,51,008 was allowable as a business expenditure.

Summary:

Issue 1: Allowability of Rs. 1,51,008 as Business Expenditure

In this reference u/s 256(1) of the Income-tax Act, 1961, the primary issue is whether the sum of Rs. 1,51,008 was allowable as a deduction in the hands of the assessee for the assessment year 1962-63. The assessee, a subsidiary of J. Lyons (London), utilized the staff of another subsidiary, Lyons (India) Pvt. Ltd., for its tea export business. Upon the Indian company discontinuing its tea business, the assessee terminated the arrangement and entered into a new agreement with Liptons Ltd. The Indian company paid retrenchment compensation to its staff, and the assessee was debited with 50% of this amount, which it claimed as a deduction.

The Income-tax Officer disallowed the deduction, stating that the expenditure was not incurred wholly and exclusively for the business. The Appellate Assistant Commissioner upheld this view, emphasizing that there was no agreement obligating the assessee to share the retrenchment compensation.

The Tribunal, however, allowed the deduction, stating that the expenditure was commercially expedient and incurred to terminate a disadvantageous arrangement, thereby facilitating the assessee's business. The Tribunal found no evidence of any motive other than commercial expediency.

The High Court upheld the Tribunal's decision, stating that the expenditure was not capital in nature but incurred to remove a recurring disadvantage. The Court emphasized that the payment was made to employees who had worked for the assessee, and there was no oblique motive to benefit Lyons (India) Pvt. Ltd. The Court referenced several precedents, including the Supreme Court's decisions in J. K. Cotton Manufacturers Ltd. v. Commissioner of Income-tax and Commissioner of Income-tax v. Ashok Leyland Ltd., to support its conclusion.

The question was answered in the affirmative, in favor of the assessee, allowing the sum of Rs. 1,51,008 as a business expenditure. Both parties were directed to bear their own costs.