1977 (6) TMI 15 - HC - Income Tax

Summary

Issues Involved:

1. Whether the expenditure of Rs. 55,146 incurred by the assessee on the construction of roads could be said to have been incurred wholly for the assessee's business.
2. Whether the sum of Rs. 55,146 was capital expenditure.

Issue-wise Detailed Analysis:

1. Whether the expenditure of Rs. 55,146 incurred by the assessee on the construction of roads could be said to have been incurred wholly for the assessee's business:

The assessee, a firm dealing in iron ore, initially claimed the expenditure on road construction as revenue expenditure. The Income-tax Officer (ITO) rejected this claim, categorizing it as capital expenditure for constructing new roads. The Appellate Assistant Commissioner (AAC) and the Income-tax Appellate Tribunal (ITAT) upheld this view, noting that the roads served both the assessee and the raising contractor's business.

The High Court found no material evidence supporting the Tribunal's conclusion that the roads were constructed for both the assessee's and the raising contractor's benefit. The roads were built to connect the mine to public roads, facilitating the transportation of iron ore, which is essential for the assessee's business. The court emphasized that the roads were "access roads" constructed primarily for the assessee's business.

2. Whether the sum of Rs. 55,146 was capital expenditure:

The court examined if the expenditure was capital or revenue in nature. Various judicial precedents and tests were considered, including the principles laid down in cases like British Insulated and Helsby Cables Ltd. v. Atherton and Assam Bengal Cement Co. Ltd. v. Commissioner of Income-tax. The key determinant was whether the expenditure brought into existence an "asset or advantage for the enduring benefit of the business."

The court noted that the roads were not on the assessee's land, and no asset was created. The expenditure was for running the business, not for acquiring an enduring asset. However, the court also considered the "once and for all" nature of the expenditure and its role in the business's organizational setup.

The court concluded that the expenditure brought an enduring benefit, extending over the business venture's duration, and pertained to the business's structure and organizational setup. Thus, the expenditure was capital in nature.

Conclusion:

The court answered the first question in the negative, favoring the assessee, and the second question in the affirmative, favoring the revenue. No order as to costs was made.