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Issues Involved:
1. Whether the sum of $15,328 was an item of revenue expenditure allowable under the provisions of section 28 of the Income-tax Act, 1961. Issue-wise Detailed Analysis: 1. Revenue Expenditure Allowability: The primary issue was whether the sum of $15,328 paid by the assessee was to be considered as revenue expenditure under section 28 of the Income-tax Act, 1961. The assessee, a Hindu undivided family, owned rubber gardens and house properties in Malaya and dealt in the purchase and sale of immovable properties. In 1960, the assessee acquired leasehold rights for 40 acres of land in Bidor and 58 acres in Tambun, which were later sub-leased to third parties. The assessee claimed deductions for the proportionate cost of working these lands, amounting to $10,875 and $4,453, respectively. Income-tax Officer's Disallowance: The Income-tax Officer disallowed the claim, stating, "The payment made by him at the time of purchase of lands amounts to purchase of the right to winning lead and that is capital in nature." Appellate Assistant Commissioner's Decision: On appeal, the Appellate Assistant Commissioner upheld the disallowance, reasoning that the lease rents were paid for the right to win tin ores and that the assessee was not a dealer in mines. Thus, the payment was not considered revenue expenditure. Income-tax Appellate Tribunal's Findings: The Tribunal concurred with the lower authorities, noting that the assessee was a dealer in lands but not in leases, and the mining areas were not the assessee's stock-in-trade. The Tribunal further found that the payment was not related to the quantity of ore extracted but was for the purchase of the source of supply itself. Assessee's Arguments: Before the High Court, the assessee's counsel argued three main points: - The assessee should be considered a dealer in leases, making the amount a loss in the value of stock-in-trade. - The assessee should be considered a dealer in tin, making the amount a deficiency in the tin extracted, which is the stock-in-trade. - The expenditure should be considered revenue expenditure as it represents the cost of working the tin mines. Court's Analysis and Precedents: The court referred to several precedents, including: - Commissioner of Income-tax v. Chengalvaroya Mudaliar and Commissioner of Income-tax v. Sidda Reddy Venkatasubba Reddy and Bros., which held that payments for acquiring lease rights for mining were capital expenditures. - Pingle Industries Ltd. v. Commissioner of Income-tax, where the Supreme Court held that payments for acquiring long-term leases for quarrying stones were capital expenditures. - Abdul Kayoom v. Commissioner of Income-tax, where the Supreme Court held that payments for exclusive rights to fish conch shells were capital expenditures. Court's Conclusion: The court concluded that the amount of $15,328 was not expended during the assessment year and was essentially a write-off of part of the acquisition cost of the leasehold right in the mines. Therefore, it could not be considered revenue expenditure under section 10(2)(xv). The court also noted that the assessee was not a dealer in leases or tin mines and had sub-leased the mining rights to third parties, further supporting the view that the expenditure was capital in nature. Final Judgment: The court rejected all contentions advanced on behalf of the assessee and answered the question in the negative, ruling against the assessee. The revenue was awarded costs, with counsel's fee set at Rs. 250.
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