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Issues Involved:
1. Disallowance of expenditure on railway siding. 2. Deletion of disallowance of interest paid on borrowed capital. Issue-wise Detailed Analysis: 1. Disallowance of Expenditure on Railway Siding: Background: The assessee constructed a railway siding at a cost of Rs. 3.56 crores for facilitating the movement of raw materials and finished goods. This expenditure was capitalized in the books but claimed as revenue expenditure in the income-tax return. The Assessing Officer (AO) disallowed this claim, treating it as capital expenditure, a decision upheld by the CIT(A). Arguments: - Assessee's Argument: The railway siding was constructed on land not owned by the company, and the company had no rights over it except for its use. The expenditure was treated as deferred revenue expense as per the Companies Act and Accounting Standards. The AO's reliance on certain judgments was misplaced, and the expenditure should be considered revenue as per the decisions of higher courts. - Revenue's Argument: The expenditure created an asset of enduring benefit, altering the profit-making apparatus of the assessee, thus qualifying as capital expenditure. Tribunal's Findings: - The Tribunal examined the guidelines from the Ministry of Railways, which stated that such facilities would belong to Indian Railways, with no preferential treatment or ownership rights for the investor. - The Tribunal concluded that the expenditure did not create a tangible or intangible asset for the assessee. It facilitated business operations, making them more efficient and profitable, without altering the fixed capital. Therefore, the expenditure was on revenue account, despite its enduring benefit. Conclusion: The Tribunal allowed the assessee's appeal, ruling that the expenditure on the railway siding was revenue in nature. 2. Deletion of Disallowance of Interest Paid on Borrowed Capital: Background: The assessee paid Rs. 2.26 crores in interest on borrowed capital for a second kiln, which commenced production in the next financial year. This interest was capitalized in the books but claimed as revenue expenditure under section 36(1)(iii) in the income-tax return. The AO disallowed this claim, treating the interest as capital expenditure, a decision reversed by the CIT(A). Arguments: - Assessee's Argument: The interest was incurred for business purposes, and section 36(1)(iii) does not distinguish between capital and revenue expenditure for interest deduction. The accounting treatment of capitalizing the interest does not affect its deductibility under the Income-tax Act. - Revenue's Argument: The interest, once capitalized, merges with the cost of the asset and loses its original character, making it ineligible for deduction under section 36(1)(iii). Tribunal's Findings: - The Tribunal noted that the expansion project was part of the same business, with inter-connected management, finance, and operations. The interest expenditure was incurred for business purposes, fulfilling the criteria of section 36(1)(iii). - The Tribunal emphasized that accounting entries do not determine the taxability or deductibility of expenses under the Income-tax Act. The interest expenditure, despite being capitalized in the books, was allowable as revenue expenditure. Conclusion: The Tribunal upheld the CIT(A)'s decision, allowing the assessee's claim for interest deduction under section 36(1)(iii). Final Judgment: - The assessee's appeal regarding the railway siding expenditure was allowed, treating it as revenue expenditure. - The revenue's appeal regarding the disallowance of interest was dismissed, and the assessee's cross-objection was allowed, permitting the interest deduction under section 36(1)(iii).
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