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Issues Involved:
The judgment addresses the following issues for the assessment years 1964-65 and 1965-66: 1. Whether indirect expenses incurred before production commencement can be added to asset costs for depreciation and development rebate. 2. Whether the business was set up before a specified date affecting revenue loss admissibility. 3. Whether indirect expenses before production commencement can be added to asset costs for depreciation and development rebate in the subsequent assessment year. 4. Whether section 40(c)(iii) applies to the remuneration of the technical director. Assessment Year 1964-65: The Tribunal was correct in allowing indirect expenses before production commencement to be added to asset costs for depreciation and development rebate. The business was not set up before the specified date, affecting revenue loss admissibility. The Tribunal's decision was upheld. Assessment Year 1965-66: The Tribunal's decision on indirect expenses before production commencement for depreciation and development rebate was upheld. Regarding the remuneration of the technical director, the issue was whether section 40(c)(iii) applied. The Tribunal's decision was based on the interpretation of relevant provisions, ultimately favoring the revenue. However, the High Court disagreed with this interpretation. The High Court analyzed the provisions of section 40(c)(iii) and the second proviso in detail. The court considered whether the remuneration of the foreign technical director fell under the head "Salaries" and the applicability of the second proviso. The court emphasized that the salary paid to the foreign technician was exempt from tax under section 10(6)(iii) and did not form part of the total income. The court cited precedents to support this interpretation. The court deliberated on the interpretation of the second proviso, specifically regarding the criterion of income chargeable under the head "Salaries" being less than Rs. 7,500. The revenue argued that some income should be chargeable to attract the proviso, while the assessee contended that even a nil amount falls within the proviso. The court concluded that a nil amount is included in the proviso, rejecting the revenue's argument. Consequently, the court ruled in favor of the assessee, holding that the second proviso applied in this case. In conclusion, the court answered the question regarding the remuneration of the technical director for the assessment year 1965-66 in the negative and in favor of the assessee. Each party was directed to bear their respective costs.
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