1970 (7) TMI 7 - HC - Income Tax

High Court allows pre-incorporation expenses as business costs, not capital expenditure.

The High Court ruled in favor of the assessee-company, allowing the pre-incorporation expenses incurred by the promoters as business expenses. The ... Preliminary expenses - part of the expenditure incurred by the directors - allowability - expenditure cannot be disallowed as capital expenditure Issues Involved:1. Disallowance of pre-incorporation expenses as capital expenditure.2. Nature of specific pre-incorporation expenses incurred by directors.Issue-wise Detailed Analysis:1. Disallowance of Pre-Incorporation Expenses as Capital Expenditure:The primary issue in this case was whether certain pre-incorporation expenses incurred by the promoters of the assessee-company could be disallowed as capital expenditure. The Income-tax Officer disallowed a sum of Rs. 70,437, viewing it as preliminary expenses of a capital nature. However, the Appellate Assistant Commissioner found these expenses to be of a revenue nature and allowable as business expenses. The Tribunal partially agreed with the Appellate Assistant Commissioner but held that part of the expenses incurred by Mr. W. J. Harffey and Mr. M. C. Khunnah should be regarded as capital in nature, estimating the disallowable amount at Rs. 20,000.2. Nature of Specific Pre-Incorporation Expenses Incurred by Directors:a. Travelling Expenses of Mr. W. J. Harffey (Rs. 23,549):The Tribunal noted that the expenses were incurred 'to collect details of actual orders and quantity to be supplied and expenditure for joining the company as director.' A part of this expenditure was also for importing fugitive papers, a raw material for the assessee's business. The Tribunal observed an 'element of capital nature' in the travelling expenses due to the enduring benefit of securing continuous orders. However, the High Court disagreed, stating that any expenditure incurred to secure orders for carrying on the business is entirely of a revenue nature and does not create an enduring asset. Therefore, the entire amount of Rs. 23,549 was allowed as revenue expenses.b. Expenditure of Mr. M. C. Khunnah for Trip to England (Rs. 15,455):The Tribunal held that this expenditure, incurred to study techniques of security printing, had an enduring benefit and thus included an element of capital nature. The High Court, however, ruled that the acquisition of technical knowledge for conducting business efficiently does not constitute a capital expenditure. The court emphasized that such knowledge aims to earn greater profits in a competitive market, not to acquire a new asset. The High Court cited the case of Chemical Industries and Pharmaceutical Laboratories Ltd. v. Commissioner of Income-tax, where similar expenditure was deemed revenue in nature. Consequently, the entire amount of Rs. 15,455 was allowed as revenue expenses.Conclusion:The High Court concluded that the pre-incorporation expenses incurred by the promoters were of a revenue nature and should be allowed as business expenses. The question referred by the Tribunal was answered in the negative, in favor of the assessee-company. The assessee was awarded costs of Rs. 200 for the reference.