2004 (2) TMI 6 - HC - Income Tax

1. Whether Tribunal is right in holding that the disallowance out of travelling expenses under the provisions of rule 6D of the Income-tax Rules should be worked out by taking into consideration the year-wise details of such travelling expenses rather than trip-wise expenses? 2. Whether Tribunal is right in holding that the assessee is entitled to investment allowance on computers? - Our answer to question No. 1 is in the negative, i.e., in favour of the Revenue and against the assessee, and our answer to question No. 2 is in the affirmative, i.e., in favour of the assessee and against the Revenue

Summary

Issues:
1. Disallowance of travelling expenses under rule 6D of the Income-tax Rules.
2. Entitlement to investment allowance on computers.

Analysis:
1. The first issue revolves around the disallowance of travelling expenses under rule 6D of the Income-tax Rules. The Assessing Officer initially calculated a disallowance out of travelling expenses based on trip-wise expenses of a person during the accounting year. However, the Commissioner of Income-tax (Appeals) and the Tribunal held that the disallowance should be made considering all the tours together made by a person during the previous year. The High Court referred to previous decisions and concluded that the expenditure incurred by the assessee should be taken into consideration with reference to each trip of an individual employee, not with reference to the totality of the trips made by an individual. Therefore, the answer to question No. 1 was in favor of the Revenue and against the assessee.

2. The second issue pertains to the entitlement to investment allowance on computers. The Revenue argued that computers are merely office appliances and not eligible for investment allowance. However, the High Court analyzed the relevant provisions of the Income-tax Act, specifically section 32A, which provides for investment allowance for machinery or plant wholly used for business purposes. The Court examined the definition of "plant" under section 43(3) and cited precedents to establish that computers can be considered scientific apparatus eligible for investment allowance. The Court emphasized that computers play a crucial role in modern business activities, including manufacturing processes. Consequently, the Court upheld the decisions of the Commissioner of Income-tax (Appeals) and the Tribunal, ruling in favor of the assessee regarding entitlement to investment allowance on computers. Therefore, the answer to question No. 2 was in favor of the assessee and against the Revenue.

In conclusion, the High Court disposed of the reference, affirming the decisions on both issues.