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Issues: Whether the payment made to Mr. Jeen Roy could be treated as capital expenditure or revenue expenditure.
Summary: The case involved a private limited company established for wine production, which appointed Mr. Jeen Roy to assist in setting up a modern plant. The company incurred expenses on Mr. Roy, and the question was whether these expenses were capital or revenue in nature. The Income-tax Appellate Tribunal initially held the expenses to be capital, but on appeal, it was decided that they were revenue expenditure. The department argued that the expenditure provided an enduring advantage, making it capital in nature. However, there was no evidence to prove that the company gained any enduring technical know-how from Mr. Roy. The court considered the nature of the expenditure, the business's ordinary course, and the purpose of the expenses. It was determined that the expenses up to the start of production were capital, but those incurred afterward were revenue in nature. Therefore, the court concluded that the expenses up to the production start date were capital, while those after were revenue expenditure. The parties were directed to bear their own costs, with an advocate's fee of Rs. 250.
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