CIT v. Sundaram Industries Ltd.

240 ITR 335High Court1999#1985 most cited

What is CIT v. Sundaram Industries Ltd. authority for?

Expenditure incurred for obtaining club membership and its annual subscription is allowable as a deduction if it is for the purpose of business, even if there are incidental personal benefits to directors. The primary purpose must be to promote the company's business interests through networking and enhancing social status.

58

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Sundaram Industries Ltd. · 240 ITR 335 · Section 37 · club membership · annual subscription · business expenditure · allowable deduction · networking · social status

Issues it is cited on

Judgments citing CIT v. Sundaram Industries Ltd.

M/S Rebar Design & Detail Pv. Ltd., Chennai vs. DCIT, Corporate Range VI, Chennai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 319/CHNY/2021[2018-19]Status: DisposedITAT Chennai08 Jun 2022AY 2018-19

Bench: Shri V. Durga Rao & Shri Girish Agrawalआयकर अपील सं./Ita No.: 319/Chny/2021 िनधा"रण वष" /Assessment Year: 2018-19 M/S. Rebar Design & Detail Pvt Dcit, Ltd., V. Cpc, 45, Chamiers Road, Bangalore. R A Puram, Chennai- 600 028. Pan: Aaecr-2348-K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Abhishek Murali, Ca ""यथ" क" ओर से/Respondent By : Shri. Ar V Sreenivasan, Addl. Cit सुनवाई क" तार"ख/Date Of Hearing : 01.06.2022 घोषणा क" तार"ख/Date Of Pronouncement : 08.06.2022

For Appellant: Shri. Abhishek Murali, CAFor Respondent: Shri. AR V Sreenivasan, Addl. CIT
Section 143(1)

…ription of clubs, the financial results of the company had significantly improved. Ld. Counsel relied on certain decision, one in the case of CIT vs United Glass Mfg. Co. Ltd [2012] 28 taxmann.com 429 (SC) and another in the case of CIT vs Sundaram Industries 240 ITR 335 (Mad). 7. While disposing the appeal, Ld. CIT(A) noted that DCIT, CPC, Bangalore had disallowed the claim made by the assessee towards membership and subscription expenses for which the data was captured form the tax audit report filed in Form 3CD by the assessee itself. In Form 3CD, clause 21(a) contains the details of amount debited to the pro…

Ashwin Shetty, Bangalore vs. Assistant Commissioner of Income Tax, CPC, Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 600/BANG/2021[2018-19]Status: DisposedITAT Bangalore31 Mar 2022AY 2018-19

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19 Shri Ashwin Shetty, The Assistant No. 63/A, 13Th Cross, Commissioner Of J.P. Nagar 3Rd Phase, Income Tax, Bangalore – 560 078. Cpc, Pan: Anaps7985B Vs. Bangalore. Appellant Respondent Assessee By : Shri S.N. Shyanbhag, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 17-03-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 09.09.2021 U/S. 250 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2018-19 On Following Grounds Of Appeal: “1. The Learned Commissioner Of Appeals Has Erred In Confirming The Addition Of Rs.16,11,013/-Being Belated Payment Of Employees Contribution Of Esi & Pf Paid Before Due Date For Filing The Return Of Income & An Amount Of Rs.18,362/- Being Club Expenses Incurred By The Employees Made By The A.O. Cpc In 143(1) Proceedings. 2. The Cit(A) Erred In Holding That The Amendment By Way Explanation 2 To Section 36(1) (Va) & Explanation 5 To The Section 43B Made In The Finance Act 2021 Has Retrospective Effect As Such The Decisions Relied On By The Appellant Are Not Applicable.

For Appellant: Shri S.N. Shyanbhag, Advocate
Section 139(1)Section 143(1)Section 250Section 36(1)Section 36(1)(va)Section 43B

…s. 8. In the present case also the assessee has incurred the expenses on account of club membership fees for the employees and to entertain customers. An identical issue the Hon’ble Madras High Court in the case of CIT Vs. Sundaram Industries Ltd. reported in 240 ITR 335 held as under: Page 4 of 8 “Section 37 postulates that any expenditure laid out or expended wholly and exclusively for the purpose of the business or profession shall be allowed in computing the income of the assessee. The essential requirement for claiming the deduction of the expenditure is that the expenditure should have been incurred wholly…

Addl. CIT, Special Range-7, New Delhi vs. Rites Ltd., New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 7319/DEL/2018[2015-16]Status: DisposedITAT Delhi14 Dec 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Kuldip Singh, Member Assessment Year: 2015-16 Addl. Cit, Vs. Rites Ltd., Special Range-7, Scope Building, New Delhi. Scope Minar, Laxmi Nagar, New Delhi. Pan : Aaacr0830Q (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Advocate Revenue By : Shri Atiq Ahmed, Sr. Dr Date Of Hearing : 27.10.2021 Date Of Pronouncement : 14.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 23Rd August, 2018 Of The Cit(A)-38, New Delhi, Relating To Assessment Year 2015- 16. 2. Ground Of Appeal No.1 By The Revenue Reads As Under:- “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law In Deleting Disallowance Of Rs. 1,17,21,750/- U/S 14A Read With Rule 8D Ignoring The Mandatory Provision Of Rule 8D.”

For Appellant: Shri R.S. Singhvi, AdvocateFor Respondent: Shri Atiq Ahmed, Sr. DR
Section 10(34)Section 14Section 14ASection 14A(2)

…record. We find, the ld.CIT(A) while deleting the disallowance has held that the club expenses are towards membership fees and permissible business deduction. We find, the Hon’ble Madras High Court in the case of CIT vs. Sundaram Industries Ltd., reported in 240 ITR 335, has held that expenditure incurred by the assessee towards subscription of the club is an allowable expenditure. Hon’ble Supreme Court in the case of CIT vs. United Glass Mfg. Co., reported in 28 taxmann.com 429 (SC) has held as under:- " 3.3 As far as Question No. 1 is concerned, the issue is answered in favour of the assessee in the order pass…

M/S. R.B. Polymers Ltd., Kolkata vs. DCIT, Circle - 4, Kolkata

Appeal is partly allowed in above terms

ITA 456/KOL/2018[2010-11]Status: DisposedITAT Kolkata12 Jun 2020AY 2010-11

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.456/Kol/2018 ("नधा"रण वष" / Assessment Year: 2010-11) M/S Rb Polymers Ltd. Vs. Dcit, Circle-4, Kolkata 25, R.N. Mukherjee Road, 4Th Floor, Suite-F, Kolkata-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr3117R (Appellant) .. (Respondent) Appellant By : Shri Siddharth Agarwal, Advocate Respondent By : Shri Dhrubajyoti Ray, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 21/02/2020 घोषणा क" तार"ख/Date Of Pronouncement : 12/06/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (A) - 2, Kolkata Dated 20.02.2018 Passed In Case No.1220/Cit(A)-2/14-15 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S First & Former Substantive Ground Challenges Correctness Of Both The Lower Authorities’ Action Invoking Section 14A R.W.R 8D(2)(Ii) Disallowance Of Proportionate Interest Amounting To Rs.75614/- Pertaining To Its Exempt Income. Suffice To Say, We Notice At The Outset That The Assessee’S Investments As On 31.03.2009 & 31.03.2010 Read Figures Of Rs.1,71,25,754/- & 1,93,49,912/- (Difference Of Rs.22,24,158/-) As Against Its Non-Interest Bearing Funds In The Nature Of Share Capital Along With Reserves & Surplus Of

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Dhrubajyoti Ray, Sr. DR
Section 143(3)Section 14ASection 28Section 36(2)(i)Section 37

…see had further disclosed the sum at No.2(h) of Schedule S of Notes on Accounts in the financial statement. This clinching aspect has gone unrebutted from the Revenue side. We also take note of various judicial precedents i.e. CIT vs. Sundaram Industries Ltd. 240 ITR 335(Mad.), Gujarat State Export Corpn 209 ITR 649(Guj) that club expenses including entry fees are revenue item allowable as business expenditure u/s 37 of the Act. We thus delete the impugned disallowance. 8. Next comes subscription expenditure disallowance of Rs.31,354/- made on the ground that the same is not related to assessee’s business. We no…