M/S GOGGA GURUSHANTHIAH & BROS.,HOSPET vs. ACIT, BELLARY

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ITA 504/BANG/2014Status: DisposedITAT Bangalore29 May 2020AY 2009-104 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the contribution to Hampi Utsav, which helps in promoting local culture and heritage and fosters goodwill with local citizens, bureaucrats, and politicians, is an expenditure that benefits the assessee's business. Therefore, it is allowable under Section 37(1) of the Income Tax Act.

What were the facts?

The assessee claimed a deduction of Rs. 10,00,000/- as a contribution to the Hampi Utsav. The Assessing Officer (AO) and the Commissioner of Income-tax (Appeals) disallowed this claim, holding it was not incurred for the purpose of business.

What were the issues?

Whether a contribution made for a cultural festival promoting local heritage and goodwill is an expenditure incurred for the purpose of business and thus allowable under Section 37 of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 37

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “A” BENCH : BANGALORE

Before: SHRI A. K. GARODIA & SHRI PAVAN KUMAR GADALE

For Respondent: Shri. A. Ramesh Kumar, JCIT (DR)(ITAT), Bengaluru
Hearing: 04.03.2020Pronounced: 29.05.2020

O R D E R

Per A.K. Garodia, Accountant Member This appeal is filed by the assessee and the same is directed against the order of learned CIT(A), Hubli, dated 22.01.2014 for Assessment Year 2009-10.

2.

The grounds raised

1.

by the assessee are as under: The learned Commissioner of Income-tax (Appeals), Hubli is not 1. justified in rejecting the claim for expenditure amounting to Rs. 10,00,000/- being the amount of contribution paid to The Deputy Commissioner, Bellary for Hampi Utsay.

2. The learned Commissioner of Income-tax (Appeals), Hubli is not justified in treating the expenditure of contribution paid to The Deputy Commissioner, Bellary for Hampi Utsav as not incurred for the purpose of business as provided U/s 37 of IT Act 1961.

3.

The Commissioner of Income-tax (Appeals) ought to have appreciated the fact that the rejecting the claim for deduction of contribution to Hampi Utsav is national festival and the Hampi Monuments are under the UNESCO tag. The Hampi utsav is a cultural festival to boost the morale and cultural difference for national and international.

4.

The Commissioner of Income-tax (Appeals), Hubli ought to have appreciated that the world heritage site Hampi is within 12 kms radius of place of assessee's business. This contribution would definitely help for the development of local culture, heritage. 5. Any other grounds that may be urged at the time of appeal may kindly be treated as grounds of appeal.

3. The brief facts are that it is noted by the AO in the Assessment Order that the assessee has given a sum of Rs.10 lakhs to the District Commissioner for the purpose of Hampi Utsav. The AO held that this expenditure is not incurred for the purpose of business and therefore, cannot be allowed as expenditure under section 37 of the Income Tax Act, 1961. By making this observation, he made the disallowance and when the assessee carried the matter in appeal before the learned CIT(A), learned CIT(A) upheld the Assessment Order and now the assessee is in further appeal before us.

4. In the course of hearing, the learned AR of the assessee placed reliance on the judgment of Hon’ble Karnataka High Court rendered in the case of M/s. Kanhaiyalal Dudheria Vs. JCIT in and 100017/2018 dated 31.07.2009, copy available on pages 16-50 of the Paper Book. In particular, our attention was drawn to page 19 of the Paper Book and it was pointed out that the issue in dispute was regarding disallowance of a sum of Rs.1.61 Crores incurred towards construction of 169 houses for the villagers who had lost their homes due to natural calamity on the ground that it was not an allowable expenditure under section 37 of the Income Tax Act, 1961. It was pointed out that in para 23 of this judgment, the judgment of Hon’ble Apex court rendered in the case of Sri. Venkatasathyanarayana Rice Mills Contractors Co. Vs. CIT, 223 ITR 101 was noted and it was also noted that in that case, question arose was this as to whether contribution made to district welfare fund maintained by the District Collector would be against public policy or is an expenditure allowable under section 37 of the Income Tax Act, 1961, and it was held that such contribution is not against public policy and would be allowable under section 37(1) of the Income Tax Act, 1961. He submitted that the issue in the present case is squarely covered in favour of the assesse by this judgment of Hon’ble Apex Court rendered in the case of Sri. Venkatasathyanarayana Rice Mills Contractors Co. Vs. CIT (supra). Our attention was also drawn to para 21 of the same judgment of Hon’ble Karnataka High Court rendered in the case of M/s. Kanhaiyalal Dudheria Vs. JCIT (supra) and it was pointed out that in this para, the judgment of Hon’ble Karnataka High Court rendered in the case of CIT Vs. Infosys Technology Ltd., 360 ITR 174 (Karnataka) was noted and it was also noted that in this case, the issue in dispute was regarding the expenditure incurred by the assessee for installing the traffic signals as business expenditure under section 37(1) of the Income Tax Act, 1961 and it was held that for the purpose of business used in section 37(1) of the Income Tax Act, 1961, it should not be limited to meaning of earning profit alone and it includes providing facility to its employees also for the efficient working.

5. As against this, learned DR of the Revenue supported the order of CIT(A) and in particular, our attention was drawn to para 2 on page 4 of the order of CIT(A) and it was pointed out that in this para, it is noted by learned CIT(A) that the payment should result in benefit of business to the assessee whether directly or indirectly and the benefit may accrue immediately or at later part.

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