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Issues involved: Claim of benefit u/s 35D of the Income-tax Act, 1961 for expenditure incurred in connection with increase in paid-up capital.
Summary: The High Court of Madras delivered a judgment regarding the assessment year 1985-86. The assessee, despite not extending any industrial undertaking or setting up a new industrial unit, claimed benefit u/s 35D of the Income-tax Act, 1961 for the expenditure incurred in increasing its paid-up capital. The Assessing Officer and the appellate authority denied this claim, but the Tribunal allowed it. The Tribunal, although acknowledging that section 35D was not directly applicable, extended the benefit based on a perceived logical extension of the principle. However, the High Court found that since the assessee did not meet the criteria for section 35D, the benefit could not be granted. The court referred to a previous decision regarding the nature of such expenditures, highlighting the difference between revenue and capital expenditure. Ultimately, the court ruled in favor of the Revenue, stating that the assessee was not entitled to the benefit of section 35D due to the specific circumstances of the case.
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