Summarize the following court judgment. Appeal No. 435 of 1961. Appeal from the order dated September 7	 1959	 of the High Court of Mysore at Bangalore	 in Income tax Referred case No. 2 of 1955. C. K. Daphtary	 Solicitor General of India	 N. D. Karkhanis	 R. H. Dhebar	 and P. D. Menon	 for the appellant A.V. Viswanatha Sastri and K. B. Chaudhuri	 for the respondent. May 3. The Judgment of the Court was delivered by HIDAYATULLAH	 J. This appeal by the Commissioner of Income tax	 Mysore	 on a certificate granted under a. 66A of the Indian Income tax Act	 is directed against a judgment of the High Court of Mysore dated September 7	 1959	 by which the 979 following question referred by the Income tax Appellate Tribunal	 Madras Bench	 was answered in favour of the respondent : "Whether there are materials for the tribunal to hold that the sum of Rs. 2	87	422/aforesaid represents a loss of capital." Originally two question were referred	 but with the second question we are not now concerned. The respondent is a limited liability Company called the Mysore Sugar Co. Ltd.	 in which a very large percentage of shares is owned by the Government of Mysore. We shall refer to the respondent as the assessee Company. The asseesee Company purchases sugarcane from the sugarcane	growers	 and crashes them in its factory to prepare sugar. As a part of its business operations	 it enters into agreement with the sugarcane growers	 who are known locally as "Oppigddars" and advances them sugarcane seedlings	 fertilisers and also cash. The Oppigedars enter into a written agreement called the "Oppige"	 by which they agree to sell sugarcane exclusively to the assessee Company at current market rates and to have the advances adjusted towards the price of sugarcane	 agreeing to pay interest in the meantime. For this purpose	 an account of each Oppigeddar is opened. by the assessee Company. A crop of sugarcane takes about 18 months to nature	 and these agreements take place at the harvest season each year	 in preparation for the next crop. In the year 1948 49 due to drought	 the assessee Company could not work its sugar mills and the Oppigedars could not grow or deliver the sugarcane. The advances made in 1948 49 thus remained unrecovered	 because they could only be recovered by the supply of sugarcane to the assessee Company. The Mysore Government realising the hardship appointed 980 a Committee to investigate the matter and to make a report and recommendations. This report was made by the Committee on July 27	 1950	 and the whole of the report has been printed in the record of this case. The Oppige bond is not printed	 perhaps because it was in Kaunada	 but the substance of the terms is given by the Committee and the above description fairly represents its nature. The Com mittee recommended that the assessee Company should ex gratia forego some of its dues	 and in the year of account*ending June 30	 1952	 the Company waived its rights in respect of Rs. 2	87	422/The Company claimed this is a deduction under sections 10 (3) (xi) and 10 (2) (xv) of the Indian Incometax Act. The Income tax Officer declined to make the deduction	 because	 in his opinion this was neither a trade debt nor even a bad debt but an ex gratia payment almost like a gift. An appeal to the Appellate Assistant Commissioner also failed. Before the Income tax Appellate Tribunal	 Madras. Bench	 these two arguments were again raised	 but were rejected	 the Tribunal holding that the payments were not with an eye to any commercial profit and could not thus be said to have been made out of commercial expediency	 so as to attract section 10 (2) (xv) of the Act. The Tribunal also held that these were not bad debts	 because they were " 'advances	 pure and simple	 not arising out of sales" and did not contribute to the profits of the business. From the order of reference	 it appears that the Appellate Tribunal was also of the opinion that these advances were made to ensure a steady supply of quality sugarcane	 and that the loss	 if any	 must be taken to represent a capital loss and not a trading loss. The Appellate Tribunal	 however	 referred the question for the opinion of the High Court	 and the High Court held that the expenditure was not in the nature of a capital expenditure	 and was 981 deductible as a revenue expenditure. It relied upon a passage from Sempath Ayyangar 's Book on the Indian Income tax Law and on the decision of this Court in Badridas Daga vs Commissioner of Incometax (1.)	 to hold that this amount was deductible in computing the profits of the business for the year in question under a. 10 (1) of the Income tax Act. The case has been argued before us both under section 10 (1) and section 10 (2) (xv)	 though it appears that the case of the assessee Company ' has changed from a. 10 (1) to section 10 (2) .(xi) and section 10 (2) (xv) from time to time. The question	 as propounded	 seems to refer sections 10 (2) (xv) and 10(1) and not to section 10 (2) (xi)	 We	 however	 do not wish to emphasise the nature of the question posed	 because	 in our opinion	 the central point to decide is whether the money which was given up	 represented a loss of capital	 or must be treated as a revenue expenditure. The tax under the head "Business" is payable under is. 10 of the Income tax Act. That section provides by sub section (1) that the tax shall be payable by an assessee under the head "Profits and gains of business	 etc." in respect of the profits or gains of any business	 etc. carried on by him. Under sub section (2)	 these profits or gains are computed after making certain allowances. Clause (xi) allows deduction of bad and doubtful business debts. It provides that when the assessee 's accounts in respect of any part of his business are not kept on the cash basis	 such sum	 in respect of bad and doubtful debts	 due to the assessee in respect of that part of his business is deductible but not exceeding the amount actually written off as irrecoverable in the books of the assessee. Clause (1) ; 982 (xv) allows any expenditure not included in cls. (1) to (xiv)	 which ;is not in the nature of capital expenditure or personal expenses of the assessee	 to be deducted	 if laid out or expended wholly and exclusively for the purpose of such business	 etc. The clauses expressly provide what can be deducted; but the general scheme of the section is that profits or gains must be calculated after deducting outgoings reasonably attributable as business expenditure but so as not to deduct any portion of an expenditure of a capital nature. If an expenditure comes within any of the enumerated classes of allowances	 the case can be considered under the appropriate class; but there may be an expenditure which	 though not exactly covered by any of the enumerated classes	 may have to be considered in finding out the true assessable profits or gains. This was laid down by the Privy Council in Commissioner of Income tax vs Chitnavis (1) and has been accepted by this Court. In other words	 section 10 (2) does not deal exhaustively with the deductions	 which must be made to arrive at the true profits and gains. To find out whether an expenditure is on the capital account or on revenue	 one must consider the expenditure in relation to the business. Since all payments reduce capital in the ultimate analysis	 one is apt I to consider a loss as amounting to a loss of capital. But this is not true of all losses	 because losses in the running of the business cannot be said to be of capital. The Questions to consider in this connection are: for that was the money laid out? Was it to acquire an asset of an enduring nature for the benefit of the business	 or was it an outgoing in the doing of the business? If money be lost in the first circumstance	 it is a loss of capital	 but if lost in the second circumstance	 it is a revenue loss. In the first	 it bears the (1) (1932) L.R. 59 I.A. 290. 983 character of an investment	 but in the second	 to use a commonly understood phrase	 it bears the character of current expenses. This distinction is admirably brought out in some English cases	 which were cited at the Bar. We shall refer 'Only to three of them. In English Crown Spelter Co. Ltd vs Baker 0)	 the English Crown Spelter Co. carried on the business of zinc smelting for which it required large quantities of 'blende '. To get supplies of blende	 a new Company called the) Welsh Crown Spelter 'Company was formed	 which received assistance from the English Company in the shape of advances on loan. Later	 the English Company was required to write off pound 38	000 odd. The question arose whether the advance could besaid to an investment of capital	 because if theywere	 the English Company would have no right to deduct the amount. If on the other hand	 it was money employed for the business it could be deducted. Bray	 J. who considered these questions	 observed: "If this were an ordinary business transaction of a contrary by which the Welsh Company were to deliver certain trend	 it may be at prices to be settled hereafter	 and that this was really nothing more than an advance on account of the price of that blend	 there "would be a great deal to be said in favour of the Appellants It is impossible to look upon this as an ordinary business transaction of an advance against goods to be delivered I can come to no other conclusion but that this was an investment of capital in the Welsh Company and was not an ordinary trade transaction of an advance against goods. . " (1) 984 The second case	 Charles Marsdon & Sons. Ltd vs The Commissioners of Inland Revenue (1)	 is under the Excess Profits Duty in England	 and the question arose in the following circumstances: an English Company carried on the business of paper making. To arrange for supplies of wood pulp	 it entered into an agreement with a Canadian Company for supply of 3000 tons per year between 1917 1927. The English Company made an advance of E. 30	000 against future deliveries to be recouped at the rate of E. I per ton delivered. The Canadian Company was to pay interest in the meantime. Later	 the importation of wood pulp was stopped	 and the Canadian Company (appropriately called the Ha Ha Company) neither delivered the pulp nor returned the money. Bowlatt	 J. held this to be a capital expenditure not admi ssible as a deduction. He was of opinion that the payment was not an advance payment for goods	 observing that no one pays for goods ten years in advance	 and that it was a venture to establish a source and money was adventured as capital. The last case	 to which we need refer to illustrate the distinction made in such cases is Reid 's Brewery Co. Ltd vs Nale (2). The Brewery Company there carried on	 in addition to the business of a brewery	 a business of bankers and money lenders making loans and advances to their customers. This helped the customers in pushing sales of the product of the Brewery Company. Certain sums had to be written off	 and the amount was held to be deductible. Pollock	 B	 said: "of course	 if it be capital invested	 then it comes within the express provision of the Income Tax Act	 that no deduction is to be X X made on that account" (1) (1919) T. T.C. 217. (2) 985 but held that: " . .no person who is 'acquainted with the habits of business 	loan doubt that this is not Capital invested. What it is	 is this. It is capital used by the Appellants but used only in the sense that all money which is laid out by persons who are traders	 whether it be in the purchase of goods be they traders along	 whether it be in the purchase of raw material be they manufacturers. or in the case of money lenders	 be they pawnbrokers or money lenders	 whether it be money lent in the course of their trade	 it is used and it comes out of capital	 but it is not an investment in the ordinary sense of the word. " It was thus held to be a use of money in the course of the Company 's business	 and not an investment of capital at all. These cases illustrate the distinction between an expenditure by way of investment and an expenditure in the course of business	 which we have described as current expenditure. The first may truly be regarded as on the capital side but not the second. Applying this test to this simple case	 it is quite obvious which it is. The amount was an advanced against price of one crop. The Oppigedars were to get the assistance not as an investment by the assessee company in its agriculture	 but only as an advance payment of price. The amount	 so far as the assessee Company was concerned.	 represented the current expenditure towards the purchase of sugarcane	 and it makes .DO difference that the sugarcane thus purchased was grown by the Oppigedars with the seedlings	 fertiliser and money taken on account from the assessee Company. In so far as the assessee Company was concerned	 it was doing no more than making a forward arrangement for the next 986 year 's crop and paying an amount in advance out of the price	 so that the growing of the crop may not suffer due to want of funds in the hands of the growers. There was hardly any	 element of investment which contemplates more than payment of advance price. The resulting loss to the assessee Company was just as much a loss on the revenue side as would have been	 if it had paid for the ready crop which was not delivered. In our judgment	 the decision of the High Court is right. The appeal fails	 and is dismissed with costs. Appeal dismissed.

The assesses Company used to purchase sugarcane from the sugarcane growers to prepare sugar in its factory	 in which a very large percentage of shares was owned by the Government of Mysore. As a part of its business operation it entered into written agreements with the sugarcane growers and advanced them seedlings	 fertilizers	 and also cash. The cane growers entered into these agreements known as "oppige" by which they agreed to sell sugarcane exclusively to the assessee company at current market rates and to have the 977 advances adjusted towards the price. An account of each "Oppigedar" was opened by the company. These agreements were entered into for each crop. In the year 1948 49 due to drought	 the assessee company could not work its mills and the "oppigedar" could not grow or deliver the sugarcane and thus the advances made in the year remainded unrecovered. The Mysore Government realising the hardship appointed a committee to investigate the matter and make a report. The Committee recommended that the assessee company should ex gratia forgo some of its dues	 and in the year of account ending June 30	 1952	 the company waived its rights in respect of Rs. 2	87	422/ . The Company claimed this as a deduction under section 10 (2) (xi) and section 10 (2) (xv) 'but the Income Tax Officer declined to make the deduction and the appeal before the Appellate Assistant Commissioner also failed. The Tribunal was also of the opinion that these advances were made to ensure to steady supply of quality surgarcane and the loss	 if any	 must be taken to represent a capital loss and not a trading loss but the tribunal referred the. question thereby arising for the decision of the High Court. The High Court relying upon a decision of this Court in Badridas Daga vs Commissioner of Income tax held	 that the expenditure was not in the nature of a capital expenditure	 but was a revenue expenditure and that this amount was deductible in computing. the profits of the business for the year in question under section 10 (1) of the Income tax Act. The central point for decision in the present case	 was whether the money which was given up	 represented a loss of capital or must be treated as a revenue	 expenditure. Held	 that section 10 (2) does not deal exhaustively with the deductions which must be made to arrive at the true profits and gains. It mentions certain deductions in cls. (i) to (xiv) and if an expenditure comes within any of the emunerated classes of allowance the case has to be considered under the appropriate class. Clause (xv) is a general clause which allows an expenditure to be deducted	 if laid out or expended wholly and exclusively for the purpose of such business	 which is not in the nature of capital expenditure or personal expenses of the assessee. But the general scheme of the section is that profits or gains must be calculated after deducting outgoings reasonably attributable as business expenditure but not so as to deduct any part of a capital expenditure. To find out whether an. expenditure is on the capital account or on revenue	 one must consider the expenditure in 978 relation to the business. The questions to consider in this connection are for what was the money laid out ? Was it to acquire an asset of an enduring nature for the benefit of the business	 or was it an outgoing in the doing of business ? If money be lost in the first circumstance it	 is a loss of capital	 but it lost in the second circumstance	 it is a revenue loss. In the first	 it bears the character of an investment	 but in the second	 it bears the character of current expenses. English Crown Spelter Co. Ltd. vs Baker	 	 Charles Marsden & Sons Ltd. vs The Commissioners of Inland Revenue	 and Raid 's Brewery Co. Ltd. vs Nale	 	 applied. Badridas Daga vs Commissioner of Income tax (1959) section C. R. 690 and Commissioner of Income tax vs Chitnavis	 (1932) L. R : 59 I. A. 290	 referred to. Held	 in this case	 there was hardly any element of investment which contemplate more than payment of advance price. The resulting loss to the assessee company was just as much a loss on the revenue side as would have been	 if it had paid for the ready crop which was not delivered