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of <h1>Appellate Tribunal allows deduction of legal expenses as revenue expenditure, supporting firm's survival</h1> <h3>Commissioner Of Income-Tax Versus Card Board Products</h3> Commissioner Of Income-Tax Versus Card Board Products - [1997] 224 ITR 51, 140 CTR 43, 96 TAXMANN 282 Issues:1. Allowability of legal expenditure incurred by a firm to defend a suit filed by an ex-partner while computing income of the firm.Analysis:The judgment revolves around the question of whether legal expenses incurred by a partnership firm to defend a suit filed by an ex-partner are allowable as expenditure while computing the firm's income. The Income-tax Officer disallowed the claimed legal charges, stating they were of capital nature as they were spent on contesting a suit for dissolution of the partnership business. The Commissioner of Income-tax (Appeals) upheld this disallowance, considering the expenses as preserving capital assets. However, the Appellate Tribunal disagreed, emphasizing that the expenses were revenue in nature as they were incurred to protect and preserve the business of the firm.The Tribunal distinguished two High Court decisions cited by the Revenue, highlighting that those cases involved different circumstances where legal expenses were deemed capital in nature. In the present case, the Tribunal noted that the firm had no choice but to defend the suit to prevent dissolution and continue business operations. The Tribunal concluded that the legal expenses were revenue in nature, aligning with the provisions of section 37 of the Income-tax Act, which allows expenditure not of capital nature and incurred wholly for the purpose of the business.The judgment also delves into the nature of the expenditure incurred by the firm, analyzing whether it was revenue or capital in nature. The court examined various precedents, including decisions from the Bombay High Court and the House of Lords, to determine the classification of the expenses. The court emphasized the thin line between capital and revenue expenditure but ultimately held that the legal expenses were revenue in nature as they were essential for the firm's survival and protection of its business, especially considering the High Court's directive for the ex-partner to retire from the partnership-firm.In conclusion, the court ruled in favor of the assessee, stating that the legal expenses incurred by the firm were revenue in nature and should be allowed in computing the firm's income. The judgment highlighted the unique nature of partnership firms compared to companies, emphasizing the importance of such expenses for the firm's continued operation and business protection.
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