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Issues Involved
1. Disallowance of Rs. 1,00,000 as capital expenditure. 2. Disallowance of Rs. 4,792 as water development charges. 3. Disallowance of Rs. 356 as premium for personal accident insurance. 4. Disallowance of Rs. 9,051 for foreign technician expenses. 5. Disallowance of Rs. 543, Rs. 400, and Rs. 3,918 for gifts to foreign collaborators. Detailed Analysis 1. Disallowance of Rs. 1,00,000 as Capital Expenditure Facts: The assessee, a private limited company, entered into a collaboration agreement with a foreign company for technical know-how and manufacturing rights. The agreement involved a payment of Rs. 1,00,000 in the form of 10,000 equity shares and a royalty of 3% on the ex-factory selling price. Arguments: - Assessee: Claimed the payment as revenue expenditure, citing that the technical know-how and other assistance were for running the business and not for acquiring an asset of enduring benefit. - Revenue: Treated the payment as capital expenditure, arguing that it was for acquiring a secret process, which conferred an enduring benefit. Judgment: - Majority Opinion: The payment was for running the business and not for acquiring an enduring asset. The technical know-how was part of the profit-making process and not an independent asset. The payment was spread over 10 years, aligning with the agreement's duration. - Dissenting Opinion: The payment was for acquiring a secret process, which constituted a capital asset. The expenditure brought an enduring benefit and should be treated as capital expenditure, allowing depreciation under Section 32. Conclusion: The majority held that the payment was revenue expenditure, allowable over 10 years. 2. Disallowance of Rs. 4,792 as Water Development Charges Facts: The assessee paid Rs. 4,792 each year to the Ghaziabad Improvement Trust for water development charges. Arguments: - Assessee: Claimed the payment as revenue expenditure, arguing it was incurred for business operations. - Revenue: Treated the payment as capital expenditure, arguing it was for developing land and water lines. Judgment: The payment was for the development of land and water lines, thus a capital expenditure. Conclusion: The disallowance was upheld as capital expenditure. 3. Disallowance of Rs. 356 as Premium for Personal Accident Insurance Facts: The assessee paid Rs. 356 as a premium for personal accident insurance for the Managing Director. Arguments: - Assessee: Claimed the payment as revenue expenditure. - Revenue: Disallowed the payment. Judgment: The expenditure was of a revenue nature. Conclusion: The disallowance was overturned, and the expenditure was allowed as a deduction. 4. Disallowance of Rs. 9,051 for Foreign Technician Expenses Facts: The assessee incurred Rs. 9,051 for the expenses of a foreign technician, including travel and hotel bills. Arguments: - Assessee: Claimed the expenses as revenue expenditure, stating the technician's visit was for production purposes. - Revenue: Disallowed the expenses, arguing they were for setting up the business. Judgment: The expenses were incurred for production purposes and were thus revenue expenditure. Conclusion: The disallowance was overturned, and the expenditure was allowed as a deduction. 5. Disallowance of Rs. 543, Rs. 400, and Rs. 3,918 for Gifts to Foreign Collaborators Facts: The assessee gave gifts to foreign collaborators, amounting to Rs. 543 in 1972-73, Rs. 400 in 1973-74, and Rs. 3,918 in 1974-75. Arguments: - Assessee: Claimed the gifts as business expenditure, necessary for maintaining good relations. - Revenue: Disallowed the expenditure. Judgment: The gifts were small items of courtesy necessary for business relations. Conclusion: The disallowance was overturned, and the expenditure was allowed as a deduction. Final Outcome - The appeals for the years 1971-72, 1972-73, 1973-74, and 1974-75 were partly allowed. - The appeal for the year 1975-76 was allowed.
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