2017 (1) TMI 1527 - HC - Income Tax

Court rules interest expenses for unit installation loans as capital expenditure, not revenue. Deductions justified.

The court held that expenses on interest and financial charges related to loans for installing a unit should be treated as capital expenditure, not ... Addition u/s. 36(1) (iii) being payment made towards interest on loans borrowed to finance the cost of its expansion schemes.11 - Held that:- It is true that contention which has been raised is considered by the Allahabad High court, however, in our view and looking to the explanation added subsequently, the view taken by the Rajasthan High court in Hindustan Zinc Ltd. (2003 (7) TMI 21 - RAJASTHAN High Court) is required to be considered as held wherein justified in allowing the interest as revenue expenditure, on the funds borrowed In view of the law declared in earlier judgment, we decide the issues in favour of the assessee Issues involved:1. Interpretation of revenue expenditure related to interest and financial/bank charges.2. Treatment of expenditure related to convertible debentures and public issue.3. Allowance of expenditure on interest payments for expansion schemes.4. Determination of revenue vs. capital expenditure for various expenses.Analysis:1. The Department challenged the Tribunal's decision confirming the C.I.T. (Appeal) order allowing the appeal by the assessee related to expenditure on interest and financial/bank charges. The substantial question of law raised was whether these charges, though pre-operative in nature and paid against loans for installing the unit, should be considered revenue expenditure. The court referred to relevant provisions and case laws to determine that such expenses should be treated as capital expenditure, not revenue expenditure.2. The appeals also raised issues regarding expenditure on interest and financial/bank charges, advertisement expenses related to public issue, and excess processing loss. The court analyzed whether these expenses were correctly treated as revenue expenditures. It was questioned if the ITAT and CIT(A) acted perversely in allowing certain deductions and reducing additions, considering the nature and purpose of the expenses incurred by the assessee.3. The judgment further delved into the treatment of interest payments made for expansion schemes as revenue expenditure. The court examined whether the ITAT and CIT(A) were justified in allowing these expenditures as revenue deductions under section 37(1), despite the expenses being related to convertible debentures issued for raising capital for a unit not yet in production. The enduring nature of the benefits derived from these expenses was a crucial factor in determining their classification.4. The court considered the overall facts of the case, including the AO's disallowance of certain expenses claimed by the assessee, such as interest payments on loans and public issue costs. The court referred to relevant case laws and explanations under the Income Tax Act to decide on the nature of these expenditures. The judgment highlighted the distinction between revenue and capital expenditures, emphasizing the enduring benefit principle in determining the classification of expenses.5. The court's decision in favor of the assessee was based on a comprehensive analysis of the legal provisions, precedents, and explanations provided under the Income Tax Act. The judgment also referred to previous decisions by the court and the Supreme Court to support the reasoning behind allowing certain deductions and treating specific expenses as revenue expenditures. Ultimately, the issues were decided in favor of the assessee, dismissing the appeals brought by the Department.