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Interpretation of section 37(2A) of the Income-tax Act, 1961 regarding admissibility of business expenditure as entertainment expenditure. Analysis: The judgment pertains to a case where the Income-tax Appellate Tribunal referred a question of law under section 256(1) of the Income-tax Act, 1961, regarding the admissibility of a sum claimed as business expenditure by the assessee. The Commissioner of Income-tax (Appeals) allowed the expenditure based on the size of the assessee's business and a previous court decision. The Tribunal also upheld this decision, considering it an allowable business expenditure. However, the Department challenged this before the High Court. During the hearing, the court considered Explanation 2 to section 37(2A) of the Act, introduced in 1983, which defines "entertainment expenditure." The court noted that the legislature aimed to curb lavish expenditure by introducing this Explanation. It clarified that while hospitality to customers constitutes entertainment expenditure, expenditure on employees at the office or factory does not fall under this category. The court emphasized that the Tribunal did not have the benefit of Explanation 2 when making its decision. It highlighted a previous case where the Tribunal disallowed expenditure as the assessee failed to provide factual evidence regarding expenditure on employees. In the present case, the court directed the Tribunal to determine the portion of expenditure related to employees, which would be allowable as business expenditure for staff welfare. However, any expenditure on provision of hospitality to customers or others outside the business premises was deemed entertainment expenditure and disallowable under section 37(2A) of the Act. Ultimately, the court answered the question in the negative, in favor of the Department, instructing the Tribunal to reassess the expenditure in light of the court's observations regarding the distinction between entertainment expenditure and staff welfare expenditure.
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