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Issues:
Interpretation of provisions under section 37(4) of the Income-tax Act regarding disallowance of rent for guest house accommodation under section 30. Analysis: The High Court was tasked with deciding whether the Tribunal was justified in upholding the order of the Commissioner of Income-tax (Appeals) in deleting the disallowance of rent for a guest house accommodation under section 30 of the Income-tax Act, thereby exempting it from the prohibitory provisions of section 37(4) of the Act. The controversy arose from the different interpretations adopted by various High Courts regarding the disallowance under section 37(4) - some holding that only expenses allowable under sub-sections (1) or (3) of section 37 could be disallowed, while others opined that all expenses on guest house maintenance, including rent, should be disallowed. The Tribunal favored the interpretation favorable to the assessee, leading to the deletion of the disallowance. However, the High Court referred to the decision in Britannia Industries Ltd. v. CIT, where the apex court clarified that the provisions of sub-section (4) of section 37 apply when section 30 of the Act is relevant to guest house expenses, contradicting the Tribunal's view. Consequently, the High Court answered the reference question in the negative, favoring the Revenue and against the assessee. No costs were awarded in the judgment.
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