2019 (2) TMI 1145 - HC - Income Tax

Retrenchment compensation: Revenue, not capital expenditure. Unity of management crucial. Operational considerations key.

THE COMMISSIONER OF INCOME TAX-1, COCHIN Versus M/s. TCM LTD, KALAMASSERY

The High Court upheld the Tribunal's decision, classifying retrenchment compensation as revenue expenditure rather than capital expenditure. The court ... Deduction u/s 35DDA - Retrenchment compensation paid on the closure of the assessee's manufacturing unit in Kalamassery - one unit out of three closed down - assessee did not make any payment of retrenchment compensation during the previous year relevant to the assessment year 2004-05 - HELD THAT:- Tribunal has examined the facts and found that the units at Mettur, Tuticorin and Kalamassery were all dealing in chemicals and the Kalamassery Unit was the largest unit which however, was incurring huge loss. It was hence the assessee decided to close down the Kalamassery Unit so as to facilitate the profitable carrying on of the other two units, situated in Mettur and Tuticorin. The retrenchment compensation provided for was as per the agreement with the labour unions entered into in the relevant previous year and as such it becomes an ascertained liability accruing in the relevant previous year. The payment made in the subsequent years was only for reason of generation of funds by sale of assets being occasioned later to the relevant previous year. Tribunal had found unity of control and management and it is not as if different lines of businesses were carried on in the three units. All the three units were engaged in manufacturing of chemicals and hence the three units were found to be carried on under the very same management as a single business. We are of the opinion that there is no substantial question of law arising from the order of the Tribunal and hence the appeal is rejected. - Decided against revenue Issues:1. Classification of retrenchment compensation as revenue or capital expenditure.2. Interpretation of Section 35DDA of the Income Tax Act, 1961.3. Determination of facts regarding retrenchment compensation payment.4. Consideration of business expediency for closure of manufacturing unit.5. Unity of management and control among multiple manufacturing units.6. Application of legal precedents regarding unity of management in taxation matters.Analysis:1. The primary issue in this case revolves around the classification of retrenchment compensation paid upon closure of a manufacturing unit as revenue or capital expenditure. The Assessing Officer initially deemed it as capital expenditure due to the closure of the business and sale of assets. However, the Tribunal later ruled in favor of the assessee, considering it as revenue expenditure based on business expediency and the presence of other operational units.2. The first appellate authority directed the claim to be granted under Section 35DDA of the Income Tax Act, 1961, which was later upheld by the Tribunal. This section pertains to the treatment of expenditure incurred for the welfare of employees, indicating a specific provision for such circumstances.3. The issue of determination of facts regarding the payment of retrenchment compensation in the relevant previous year was raised. The Tribunal found that the compensation was agreed upon and provisioned in the previous year, establishing an ascertained liability accrued in that period.4. The closure of the manufacturing unit in question was attributed to heavy losses and business expediency to ensure the profitability of other operational units. The decision to close the unit was made to facilitate the continued success of the remaining units, emphasizing the importance of business expediency in such decisions.5. The concept of unity of management and control among multiple manufacturing units was crucial in this case. The Tribunal found that all three units were engaged in manufacturing chemicals and operated under the same management, leading to the conclusion that they constituted a single business entity.6. Legal precedents, such as the cases of K.Ravindranathan Nair and Jayashree Tea Industries Ltd., were cited to support the argument of unity of management in taxation matters. These cases highlighted the significance of control and management unity in determining the interconnectedness of multiple business units.In conclusion, the High Court rejected the appeal, stating that there was no substantial question of law arising from the Tribunal's order. The decision emphasized the unity of control and management among the manufacturing units, leading to the classification of retrenchment compensation as revenue expenditure based on business expediency and operational considerations.