Assessee company, engaged in business of manufacturing and sale of on road automobiles, agricultural tractor, implements, etc., made provision towards pending labour demand regarding incremental wages. Tribunal held that provision for wages is held to be allowable as deduction. Tribunal held that Prorate premium payable on redemption of foreign currency convertible Bonds allowable as deduction. Tribunal held that the said expenditure is allowable as revenue expenditure. Tribunal held that discount given on issue of employee stock ownership plan allowable as business expenditure. Tribunal held taht amount paid to an educational institution where children of assessee’s employees were taking education, held to be allowable as revenue expenditure. Tribunal held that the provision for warranty is held to be allowable deduction. Tribunal held that discount on issue of employee stock ownership plan held to be allowable. Tribunal held that amount which was in relation to acquisition which did not materialize was to be allowed as revenue expenditure. Tribunal held that Assessee company incurred expenditure related to development of three wheeler vehicles, however, project did not materialize, since no such new asset was created for deriving benefit of enduring nature from such expenditure, same was to be allowed as revenue expenditure. (AY. 2005-06)
Mahindra & Mahindra Ltd. v. ACIT (2020) 184 ITD 621 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Provision for wages-Pending labour demand regarding incremental wages-Held to be allowable Capital or revenue-Premium on redemption of foreign currency convertible Bonds-Prorate premium payable on redemption of foreign currency convertible Bonds-Allowable as deduction-Issue of foreign currency convertible bonds-Held to be allowable as revenue expenditure-Discount given on issue of employee stock ownership plan-Allowable as business expenditure. Employee’ welfare expenses-Amount paid to an educational institution where children of assessee’s employees were taking education-Held to be allowable as revenue expenditure-Provision made towards warranty-Held to be allowable-Discount on issue of employee stock ownership plan held to be allowable-Professional fee towards acquisition-Entities which did not materialize was to be allowed as revenue expenditure-Abandoned project-Allowable as revenue expenditure.