2009 (1) TMI 868 - HC - Income Tax

Summary

Issues Involved:
The appeal challenges the disallowance of a contribution to a trust for school building construction and to an employees welfare fund, under sections 37 and 40A(9) of the Income Tax Act, 1961.

Summary:
The appeal contested the disallowance of a donation of Rs. 20,00,000 to a trust for school building construction and Rs. 12,000 to an employees welfare fund. The Income Tax Appellate Tribunal upheld the disallowance, but the High Court ruled in favor of the assessee company. The High Court found that since the ownership of the school building lies with the trust, the donations were treated as business expenditure under section 37(1) of the Act and not hit by section 40A(9). The Court cited a previous decision where a similar expenditure for employee welfare was considered business expenditure. Consequently, the Tribunal's decision was upheld, and no substantial question of law arose for consideration.

The appeal was deemed meritless and dismissed by the High Court, with no order as to costs.