2005 (7) TMI 50 - HC - Income Tax

High Court Allows Deductions for R&D, Interest Expenses

The High Court ruled in favor of the assessee on all three issues. It allowed deductions for expenditure on scientific research and development and ... Expenditure incurred on scientific research and development - '1. Whether, Tribunal was justified in allowing the claim of deduction being expenditure incurred on scientific research and development? 2. Whether Tribunal was legally justified in upholding the order of the learned CIT (Appeals) directing the Assessing Officer to allow claim of Rs. 25,43,025 being interest on Government loan which was correctly disallowed by the Assessing Officer? 3. Whether Tribunal was legally justified in holding that the expenses relating to earlier years claimed during the year under consideration was liable to be considered in the assessment year 1986-87 which was rightly disallowed by the Assessing Officer for the year under consideration, i.e., the assessment year 1985-86 in the circumstances of the case?' - we answer all the questions referred to us in the affirmative, i.e., in favour of the assessee and against the Revenue Issues Involved:1. Deduction of expenditure on scientific research and development.2. Deduction of interest on Government loans.3. Disallowance of expenses relating to earlier years.Analysis:Issue 1: Deduction of Expenditure on Scientific Research and DevelopmentThe Tribunal allowed the claim of deduction of Rs. 13,78,569 and Rs. 3,98,412 for expenditure on scientific research and development. The Assessing Officer disallowed the claim due to lack of income under the head 'Business and profession.' However, the Commissioner of Income-tax (Appeals) and the Tribunal upheld the claim based on previous judgments and the wide interpretation of the term 'business.' The High Court, following precedent, ruled in favor of the assessee, stating that expenditure on scientific research and development is related to business and therefore allowable.Issue 2: Deduction of Interest on Government LoansThe Assessing Officer disallowed the deduction of Rs. 25,43,025 claimed as interest on Government loans because it was not provided for in the accounts, despite being debited in the profit and loss account. The Commissioner of Income-tax (Appeals) directed verification and allowed the claim on an actual accrued basis. The Tribunal upheld this decision, citing a previous case where it was established that the absence of entries in the books of account does not disentitle the claim for deduction. The High Court, in line with legal provisions, ruled in favor of the assessee, stating that the interest payable on Government loans, accrued during the relevant year, is deductible.Issue 3: Disallowance of Expenses Relating to Earlier YearsThe Assessing Officer disallowed the claim of Rs. 7,79,711 for expenses relating to earlier years. The Commissioner of Income-tax (Appeals) upheld this disallowance, but the Tribunal suggested considering the claim in the assessment year 1986-87. The Tribunal did not allow the claim but recommended its consideration in a subsequent year. The High Court found no fault in this approach, thus affirming the Tribunal's decision.In conclusion, the High Court ruled in favor of the assessee on all three issues, allowing the deductions for expenditure on scientific research and development, interest on Government loans, and suggesting consideration of expenses relating to earlier years in a subsequent assessment year.