1998 (6) TMI 23 - HC - Income Tax

Summary

Issues Involved: Determination of whether the sum paid to a consultant is capital or revenue expenditure for the assessment year 1974-75.

Summary:
The High Court of Madras addressed the issue of whether a payment made to a consultant should be considered as capital or revenue expenditure for the assessment year 1974-75. The case, pending since 1982, questioned the deduction of Rs. 70,000 paid to a Chartered Accountant firm for consultancy services. The Income-tax Officer initially viewed the payment as capital expenditure due to the suggested reorganization of the company, but the Tribunal disagreed, considering it as revenue expenditure. The Court upheld the Tribunal's decision, emphasizing that the payment was made to improve business efficiency and not for starting a new line of business. The Court concluded that the expenditure was of revenue character, necessary for updating business knowledge and organization methods to survive in the market. Therefore, the Court ruled in favor of the assessee, allowing the deduction and awarding costs of Rs. 1,000 to the assessee.