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2003 (10) TMI 10 - HC - Income TaxContribution to the export promotion fund - Whether the contribution made to Bhilwara Export Fund by the assessee could be termed as expenditure laid out or expended wholly and exclusively for the purposes of the business, while the Bhilwara Export Fund has only charitable objects without having business purpose and the Income-tax Appellate Tribunal is justified in allowing the deductions of Rs. 15 lakhs under section 37(1) of the Act? - Tribunal has rightly reached its conclusion that contribution to the export promotion fund was made by the assessee in his business expediency for promoting its business interest by augmenting exports. Such expenses are incurred and laid out wholly and exclusively for the purpose of the assessee s business, hence allowable as deduction under section 37(1)
Issues Involved:
1. Applicability of section 40A(9) of the Income-tax Act, 1961. 2. Allowability of deduction under section 37(1) of the Income-tax Act, 1961 for contributions made to the Bhilwara Export Fund. Issue-wise Detailed Analysis: 1. Applicability of section 40A(9): The court clarified that section 40A(9) of the Income-tax Act, 1961, pertains to sums paid by an assessee as an employer towards the setting up or formation of, or as contribution to, any fund, trust, etc., for the welfare of its employees. The court concluded that section 40A(9) was inapplicable in this case as the contribution in question was made by the assessee in its capacity as a manufacturer and trader to further its business interests, not in its capacity as an employer. 2. Allowability of deduction under section 37(1): The main issue was whether the contribution of Rs. 15 lakhs to the Bhilwara Export Fund could be considered as expenditure laid out wholly and exclusively for the purposes of the assessee's business under section 37(1) of the Income-tax Act, 1961. The court examined several points: - Nature of Contribution: The Tribunal found that the contribution was made to further the business interests of the assessee by promoting its export activities. The assessee had received subsidies based on its export sales, indicating a direct business benefit from the contribution. - Business Expediency: The Tribunal and the court agreed that the contribution was made out of business expediency to augment export sales and earn subsidies, thereby benefiting the assessee's business. - Legal Precedents: The court referred to the Supreme Court's decisions in Sassoon J. David and Co. P. Ltd. v. CIT and other cases, which established that the terms "wholly and exclusively" do not mean "necessarily." Expenses incurred voluntarily and without necessity, if aimed at promoting business and earning profits, are allowable under section 37(1). - Commercial Expediency: The court cited the principle from Atherton v. British Insulated and Helsby Cables Ltd., approved by the Supreme Court, stating that voluntary expenses incurred on grounds of commercial expediency to facilitate business operations are allowable. - Public Welfare Contributions: The court noted that contributions to public welfare funds, if connected to the assessee's business, are allowable under section 37(1). It cited the Madhya Pradesh High Court's decision in Addl. CIT v. Kuber Singh Bhagwandas and the Supreme Court's decision in Sri Venkata Satyanarayana Rice Mills Contractors Co. v. CIT, which supported the allowability of such contributions as business expenses. - Charitable Objects and Business Nexus: The court examined the objects of the Bhilwara Export Fund and found them related to promoting exports of products manufactured by the assessee, thus having a direct nexus to the assessee's business. The charitable nature of the fund and the benefit to third parties did not disqualify the contribution from being a business expense. Conclusion: The court concluded that the contribution to the Bhilwara Export Fund was made by the assessee in its business expediency for promoting its business interest by augmenting exports. Hence, such expenses were incurred wholly and exclusively for the purpose of the assessee's business and were allowable as a deduction under section 37(1) of the Income-tax Act, 1961. The appeal was dismissed.
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