2006 (2) TMI 125 - HC - Income Tax

Sister concerns - Expenses - allowability u/s 37 - In deciding whether a payment of money is deductible expenditure one has to take into consideration the questions of commercial expediency and the principles of ordinary commercial trading and prudence - Tribunal was right in holding that the expenses as claimed by the assessee constituted its genuine business expenses and that the same were allowable u/s 37(1) - Whether Tribunal was right in holding that the interest shown as payable to M/s. McDowell and Company was actually allowable? - said interest was charged for the amounts which were legally due to McDowell which were not actually paid. Once the aforesaid amount was held to be genuine business expense u/s 37(1) for non-payment of the said payment within the stipulated time the assessee is bound to pay the said amount. Therefore this expenditure incurred towards payment of interest is also a genuine business expenditure deductible u/s 37(1)

Summary

Issues Involved:
1. Whether the expenses claimed by the assessee constituted genuine business expenses allowable under section 37(1) of the Income-tax Act, 1961.
2. Whether the interest shown as payable to McDowell and Company was actually allowable.

Issue-Wise Detailed Analysis:

1. Genuine Business Expenses under Section 37(1):
The primary issue was whether the expenses claimed by the assessee were genuine business expenses allowable under section 37(1) of the Income-tax Act, 1961. The Tribunal found that the agreements between the assessee and McDowell were entered into for genuine business purposes. The expenses incurred for hiring machinery and acquiring technical know-how were deemed necessary for the assessee's business operations. The Tribunal noted that the payments made to McDowell were reflected in their accounts, and McDowell had paid taxes on these amounts. The Tribunal also observed that the transactions were not sham or bogus, and there was no evidence of tax avoidance or reduction. The Commissioner (Appeals) supported this view, stating that the transactions were neither colorable nor aimed at reducing tax liability. The Tribunal concluded that the expenses were incurred wholly and exclusively for the purpose of the assessee's business and were therefore allowable under section 37(1).

2. Allowability of Interest Payable to McDowell:
The second issue was whether the interest shown as payable to McDowell was allowable. The Tribunal held that the interest was charged on amounts legally due to McDowell, which were not paid within the stipulated time. Since the principal amounts were considered genuine business expenses, the interest on delayed payments was also deemed a legitimate business expense. The Tribunal found no error in the findings of the Commissioner (Appeals), who had allowed the deduction of interest as a genuine business expenditure under section 37(1). The Tribunal's decision was based on the fact that the interest charges were reflected in the accounts and were part of the business transactions between the assessee and McDowell.

Conclusion:
The High Court upheld the Tribunal's findings, agreeing that the expenses and interest claimed by the assessee were genuine business expenses allowable under section 37(1) of the Income-tax Act, 1961. The court emphasized that the transactions were not aimed at tax avoidance and were part of legitimate business operations. The reference was answered in favor of the assessee and against the Revenue.