1975 (7) TMI 26 - HC - Income Tax

High Court affirms Tribunal decision on allowable expenditure under Income-tax Act

The High Court upheld the Tribunal's decision, ruling in favor of the assessee that the expenditure was allowable under section 37 of the Income-tax Act, ... Allowable Expenditure, Law And Fact, Mixed Question, Question Of Law Issues involved:The judgment involves the interpretation of whether a sum paid by an assessee-company to another company is a revenue expenditure allowable under section 37 of the Income-tax Act, 1961.Details of the Judgment:The case concerned an assessee-company that entered into an agreement with another company for selling its products. Due to financial difficulties faced by the other company, the assessee reduced its commission and made a contribution towards its expenses. The Income-tax Officer and the Appellate Assistant Commissioner disallowed the claimed expenditure. The Income-tax Appellate Tribunal had differing opinions on the nature of the expenditure, with the Vice-President ultimately holding it as a revenue expenditure. The issue was whether the expenditure was incurred wholly and exclusively for the purposes of business under section 37 of the Act.The Tribunal's findings included the inter-connection of the two companies, the financial crisis of the other company, and the voluntary nature of the expenditure by the assessee. The Tribunal concluded that the expenditure was incurred out of commercial expediency to safeguard a steady source of income. The High Court agreed with the Tribunal's reasoning, emphasizing that the expenditure was not of a capital nature and was aimed at preserving and developing an existing source of income.The Court cited legal principles from previous cases to support its decision, highlighting that the expenditure was incurred for the benefit of the assessee's trade and was a prudent business decision. The Court noted that the expenditure in question was not to create lasting assets but to maintain an existing income source. Drawing parallels to a previous Supreme Court case, the Court affirmed that if an expenditure is wholly and exclusively laid out for business purposes, it is allowable under the Act.In conclusion, the Court ruled in favor of the assessee, stating that the expenditure was incurred out of commercial expediency and wholly and exclusively for business purposes. The Court awarded costs to the assessee and upheld the Tribunal's decision regarding the nature of the expenditure.