2012 (11) TMI 1246 - HC - Income Tax

Supreme Court rules TV ad production expenses as revenue, not capital; benefits sales promotion.

Commissioner of Income-tax, Central Circle, Bangalore Versus Indo Nissin Foods Ltd.

The Supreme Court held that expenditure on television advertisement film production was revenue expenditure as it aimed at sales promotion. The enduring ... - Issues involved: Determination of whether expenditure on television advertisement film production constitutes revenue or capital expenditure.Summary:Issue 1: Expenditure classificationThe assessee claimed deduction for television advertisement film production expenditure as revenue expenditure. The Assessing Officer disallowed the deduction for the assessment year 1998-99, considering it as capital expenditure for enduring benefit. The Commissioner of Income Tax (Appeals) upheld the decision, but the Tribunal allowed the deduction. The Revenue appealed the Tribunal's decision.Issue 2: Legal precedentThe Revenue relied on the Supreme Court decision in Assam Bengal Cement Co. Ltd. v. CIT [1955] 27 ITR 34, arguing that enduring benefit signifies capital expenditure. The key question for consideration was whether the TV advertisement and film production expenses were revenue or capital in nature.Judgment:The Supreme Court's enduring benefit test was deemed inapplicable to the case at hand, as the expenditure primarily aimed at sales promotion through advertisement. Upholding Revenue's contention would categorize all marketing expenses as capital, which was deemed illogical. The cited case involved protection fees for lease, distinct from the current scenario. Consequently, the substantial question of law was decided against the Revenue, leading to the dismissal of the appeal.