2011 (5) TMI 24 - HC - Income Tax

Disallowance - Revenue or capital expenditure - ITR 138/1988 was returned unanswered because of the amount being miniscule - since the liability had not crystalised in the assessment year in issue no deduction could be claimed by the assessee - Accordingly decided against the assessee

Summary

Issues involved:
1. Admissibility of expenses for revenue deduction at Kamla Retreat
2. Disallowance of depreciation on guest house building
3. Classification of expenditure on feasibility reports as capital expenditure
4. Disallowance of retainership fee paid to consultants
5. Disallowance of travelling expenses related to new project
6. Treatment of foreign travelling expenses for mini Hydel plant as capital expenditure
7. Classification of certain foreign tour expenses as capital in nature
8. Eligibility of tour expenses to Kenya for weighted deduction under Section 35B
9. Admissibility of interests payable on provisional retention price
10. Application of Section 37(3A) to expenses on samples, export market development, and tour expenses

Analysis:

1. The court addressed the question of whether only 50% of the total expenses of Kamla Retreat should be admissible as revenue deduction. The court found that a similar question had been unanswered previously due to the amount being minuscule. As the amount involved in this case was Rs 88,588/-, the court adopted the same methodology, and the question was returned unanswered, resulting in the Tribunal's finding being sustained against the assessee.

2. Regarding the disallowance of depreciation on the guest house building, the court noted that the assessee did not wish to press the question due to the amount being minuscule. Therefore, this question, along with questions (iii) to (viii) and (x), were returned unanswered.

3. The court then considered the issue of whether interests of Rs 40,18,498/- payable on the provisional retention price were admissible as a deduction. Referring to a previous judgment, the court concluded that since the liability had not crystallized in the assessment year, no deduction could be claimed. Both parties agreed to this course of action, and the question was decided in favor of the revenue.

4. Lastly, the court addressed the application of Section 37(3A) to expenses on samples, export market development, and tour expenses. The assessee did not press this question either, and it was returned unanswered, resulting in the disposal of the reference with the aforementioned observations.