COMMISSIONER OF INCOME TAX Vs. AMALGAMATIONS LTD

JUDGEMENT

(1.) AT the instance of the Department, the Tribunal referred the following common question for the assessment years 1975-76 and 1976-77 for the opinion of this court under section 256(1) of the Income-tax Act, 1961 :

(2.) THE point for consideration is whether the expenditure incurred on credit guarantee to ensure payment of the loan taken to discharge the estate duty liability in respect of the estate of the late S. Anantharamakrishnan for which the assessee is a controlled company, should be allowed as a revenue expenditure. A similar question came up for consideration before this court in CIT v. Amalgamations Ltd. [1998] 232 ITR 608 (Tax Cases Nos. 317 and 318 of 1983, dated April 10, 1996) wherein by the judgment of this court, dated April 10, 1996, it was held that the expenditure incurred on credit guarantee to ensure payment of the loan taken to discharge the estate duty liability, is an admissible deduction, as revenue expenditure.