2019 (3) TMI 724 - AT - Income Tax

Nature of expenditure - Product Design Development expenditure - revenue or capital expenditure - whether expenditure definitely resulted in enduring benefit to the assessee? - HELD THAT - The undisputed fact that emerges from the record is that assessee had incurred expenditure towards product development. The assessee is engaged in manufacturing of components for Automobile industry that is highly competitive for which continuous research and development is imperative. It is not the case of Revenue that assessee has incurred expenditure for development of a new product or new line of business. The expenditure has been incurred by assessee to improve the existing products. As relying on BEHR INDIA LIMITED case 2017 (4) TMI 1261 - ITAT PUNE no infirmity in the decision of CIT(A) in holding the expenditure on product development on revenue account. - decided against revenue.

Summary

Issues:
Assessment of product development expenses as revenue or capital expenditure.

Analysis:
The case involved an appeal by the Department against the order of the Commissioner of Income Tax (Appeals) concerning the assessment year 2013-14. The primary issue was the treatment of product development expenses incurred by a partnership firm engaged in manufacturing. The Assessing Officer (AO) disallowed the expenditure, considering it to confer enduring benefit on the assessee. However, the CIT(A) held the expenditure to be revenue in nature, supported by the decision of the Pune Bench of the Tribunal in a similar case. The Revenue challenged this decision before the Tribunal, raising multiple grounds questioning the nature of the expenditure and its enduring benefit to the assessee.

The assessee, through its representative, argued that the expenditure was solely for the improvement of existing products, not for new products or business lines. Various decisions were cited to support the contention that such expenses for existing product development are revenue expenditures. On the other hand, the Department's representative contended that the expenditure would result in enduring benefit, citing a decision of the Gujarat High Court. The Tribunal, after considering the arguments and precedents, observed that the assessee's business required continuous research and development for competitiveness in the automotive industry. Notably, the expenditure was for improving existing products, not for new ventures.

The Tribunal referred to the Behr India Ltd. case, where a similar issue was addressed. It was concluded that if the expenditure is for existing product improvement and does not result in asset creation, it qualifies as revenue expenditure. The Tribunal upheld the CIT(A)'s decision, emphasizing that the expenditure was regular and essential for the efficient operation of the business. The decision in Behr India Ltd. was deemed applicable to the present case, supporting the treatment of product development expenses as revenue. The Tribunal distinguished the Department's reliance on the Gujarat High Court decision, stating it was not relevant to the current scenario.

In conclusion, the Tribunal upheld the CIT(A)'s findings, dismissing the Revenue's appeal as lacking merit. The decision was based on the nature of the expenditure, its purpose for existing product enhancement, and the consistent application of relevant precedents. The appeal of the Revenue was ultimately dismissed, affirming the treatment of product development expenses as revenue expenditure.