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Commissioner of Income-tax, Bombay City-i Vs. Merck Sharp and Dohme of India Ltd. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtMumbai High Court
Decided On
Case NumberIncome-tax Reference No. 57 of 1972
Judge
Reported in[1983]140ITR332(Bom); [1982]9TAXMAN78(Bom)
ActsIncome Tax Act 1961 - Sections 37 and 84
AppellantCommissioner of Income-tax, Bombay City-i
RespondentMerck Sharp and Dohme of India Ltd.
Excerpt:
- .....of rs. 2,476 representing the expenditure on printing additional articles of association of the assessee-company.(c) the sum of rs. 1,535 representing the legal expends in connection with the alternation of the articles of association of the assessee-company ?'3. it would appear that items (b) and (c) of question no. (2) are concluded as far as this court is concerned by its decision and we are invited to give a brief answer without any elaborate statement of facts.4. as far as question no. (1) is concerned, mr. dastur has referred to an unreported decision given on august 11, 1977, in income-tax reference no. 32 of 1968 cit v. merck sharp & dohme of india ltd.-since reported in : [1983]140itr334(bom) (appendix) (infra) of this very assessee where the decision of this court in cit v......
Judgment:

S.K. Desai, J.

1. In the reference the following questions stand referred to us at the instance of the Commissioner by the Income-tax Appellate Tribunal, Bombay Bench 'C'. For the assessment years 1963-64 and 1964-65:

'(1) Whether, on the facts and in the circumstances of the case, the assessee is entitled to relief under the section 84 of the Income-tax Act, 1961 ?'

2. For the assessment year 1963-64 :

'(2) Whether, on the facts and in the circumstances of the case, the following sums are allowable as revenue expenditure:

(a) The sum of Rs. 19,096 representing the expenditure incurred in connection with the foundation laying ceremony.

(b) The sum of Rs. 2,476 representing the expenditure on printing additional articles of association of the assessee-company.

(c) The sum of Rs. 1,535 representing the legal expends in connection with the alternation of the articles of association of the assessee-company ?'

3. It would appear that items (b) and (c) of question No. (2) are concluded as far as this court is concerned by its decision and we are invited to give a brief answer without any elaborate statement of facts.

4. As far as question No. (1) is concerned, Mr. Dastur has referred to an unreported decision given on August 11, 1977, in Income-tax Reference No. 32 of 1968 CIT v. Merck Sharp & Dohme of India Ltd.-since reported in : [1983]140ITR334(Bom) (Appendix) (infra) of this very assessee where the decision of this court in CIT v. Bayer Agrochem Ltd. : [1982]134ITR240(Bom) has been followed. In accordance with the said decision, question No. (1) is answered in the affirmative and in favour of the assessee.

5. As far as items (b) and (c) of question No. (2) are concerned, we are referred to the decision in CIT v. Tata Iron & Steel Co. Ltd. : [1977]106ITR363(Bom) . We are concerned with small amounts expended by the company for printing additional articles of association and for legal expenses in connection therewith. This item is specifically covered in the above decision. Accordingly, items (b) and (c) of question No. (2) will have to be answered in the affirmative and in favour of the assessee.

6. That brings us to the consideration of item (a) of question No. (2). It would appear that in. The previous year ended on November 30, 1962, the assessee put up at Bhandup a new plant for augmenting its production of Pharmaceutical products. In connection with the foundation-stone laying ceremony of the factory, the assessee-company incurred expenditure on account of printing invitation cards, construction of a shamiana, hiring of furniture and transport. The aggregate expenditure came to Rs. 19,096. The question was whether this court be allowed as revenue expenditure. The ITO disallowed it. The AAC in the course of appeal, did not agree with the conclusion of the ITO stating that no new asset had been obtaining or acquired by the assessee. He also four that the expenditure in question was incurred in further appeal to the Tribunal, the Tribunal agreed with the AAC.

7. In its decision the Tribunal has referred to the decision of the Madras High Court in Amarhothi Pictures v. CIT : [1968]69ITR755(Mad) . Mr. Dastur also drew out attention to the decision already adverted to, namely, CIT v. Tata Iron & Steel Ltd. : [1977]106ITR363(Bom) , where the amounts spent by the company on the publication of the brochure at the time of its golden jubilee was also allowed as revenue expendituer.

8. In our opinion, the Tribunal was not in any error in the view that it took and as regard this item also the finding of the Tribunal will have to be concurred with.

9. In the result, in respect of all the three items (a), (b) and (c), question No. (2) is also answered in the affirmative and in favour of the assessee. Parties to bear their own costs.


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