1944 (9) TMI 18 - DSC - Income Tax

Court rules leasing expenses for brick kiln are capital, not deductible under Income-tax Act

Sardar Bahadur Sardar Singar Singh And Sons Versus Commissioner Of Income-Tax, U.P. & C.P.

Sardar Bahadur Sardar Singar Singh And Sons Versus Commissioner Of Income-Tax, U.P. & C.P. - [1944] 12 ITR 504 (Oud) Issues:1. Assessment of the assessee as an individual or a Hindu undivided family.2. Computation of profits from the contract business using flat rates.3. Deductibility of expenses for taking leases of lands for a brick kiln under Section 10 (2) (ix) of the Income-tax Act.Analysis:1. The assessee sought a direction to assess them as an individual, not a Hindu undivided family, under Section 66 (3) of the Income-tax Act. The court rejected this application.2. The application to compute profits from the contract business using flat rates was also dismissed, except for the third issue regarding the deductibility of expenses for leasing lands for a brick kiln.3. The court examined three lease deeds held by the assessee for brick kilns and compared them to precedents concerning coal mines and quarries. The court analyzed various cases, including Alianza Company v. Bell and Commissioner of Income-tax v. Chengalvaroya Mudaliar, to determine the nature of the expenses incurred for leasing lands. The court emphasized the distinction between capital expenditure and expenses solely for earning profits.4. The court referred to a Privy Council decision, Raja Bahadur Kamakshya Narain Singh of Ramgarh v. Commissioner of Income-tax, Bihar and Orissa, to clarify the treatment of royalties from coal mines for tax purposes. The court highlighted the complexity of lease agreements for extracting resources and emphasized the distinction between income and capital expenditure.5. The court analyzed the specific lease agreements in the case, Exhibits P, G, and H, related to leasing lands for brick kilns. It concluded that the compensation for earth mentioned in the leases was akin to royalties on coal extracted from mines, indicating a capital nature of the expenditure.6. The court determined that the expenses incurred for leasing lands for brick kilns were capital in nature and not deductible under Section 10 (2) (xii) of the Income-tax Act. The court ruled in favor of the Income-tax Commissioner, holding that the sums in question were not eligible for deduction. The assessee was directed to pay the costs of the reference, and the Counsel for the Income-tax Department was awarded a fee of Rs. 200.7. The court's decision was based on the interpretation of lease agreements, distinguishing between expenses for earning profits and capital expenditure. The judgment aligned with previous rulings and upheld the capital nature of the expenses incurred for leasing lands for brick kilns.Conclusion:The court's judgment clarified the deductibility of expenses for leasing lands for a brick kiln under the Income-tax Act, emphasizing the distinction between capital expenditure and expenses incurred solely for earning profits. The decision favored the Income-tax Commissioner, ruling that the expenses in question were of a capital nature and not eligible for deduction.