2011 (3) TMI 830 - HC - Income Tax

Deduction u/s 37 - expenditure incurred on account of subsidy given to MAL - payment to sister concern - held that - The nomenclature under which part of profit is sought to be given to a sister concern is nothing else but evasion of tax. The assessee holds merely 29.16% shares in M/s Majestic Auto Ltd. Even if it had stood guarantor or had furnished certain undertaking or assurance to the financial institutions for securing the loans raised by M/s Majestic Auto Ltd., a sister concern, there is no sanctity available in law to give money as a subsidy and claiming the same to be an expense in a profit making company. If the promoters are so concerned about the financial health of the group company and also the brand name, the money can very well be invested by the promoters out of their own resources. - Deduction not allowed - decided against the assessee.

Issues:
1. Entitlement to deduction under section 37 of the Income Tax Act.
2. Legality of not following a specific judgment in allowing deduction for subsidy given to a sister concern.
3. Legality of not allowing deduction for revenue expenditure.
4. Legality of the impugned orders.
5. Legality of the impugned order in light of a specific High Court decision.

Entitlement to deduction under section 37 of the Income Tax Act:
The appellant raised questions regarding the legality of claiming a deduction under section 37 of the Income Tax Act. The appellant argued that the subsidy given to a sister concern should be considered a revenue expenditure. However, the court found that the manner in which the substantial sum was diverted to the sister concern as a subsidy was deemed as a diversion of profits and an evasion of tax. The court emphasized that there was no sanctity in law to provide money as a subsidy to a profit-making company, especially when the promoters could have invested their own resources. The court concluded that the claimed deductions did not align with the requirements of Section 37 of the Act.

Legality of not following a specific judgment in allowing deduction for subsidy given to a sister concern:
The appellant contended that the authorities did not follow a specific judgment related to allowing deductions for subsidies given to a sister concern. However, the court determined that the nature of providing a subsidy to the sister concern was essentially a diversion of profits and a means of tax evasion. The court highlighted that the claimed subsidy was not a justifiable expense to reduce tax liability, especially when the promoters could have invested directly from their own resources. Consequently, the court dismissed the argument regarding the legality of not following the specific judgment in this context.

Legality of not allowing deduction for revenue expenditure:
The appellant challenged the decision of the authorities in not allowing a deduction for revenue expenditure incurred during the relevant assessment year. The court examined the details of the expenditure and concluded that the claimed deductions did not meet the criteria set out in Section 37 of the Income Tax Act. The court emphasized that the expenditure, particularly the subsidy given to the sister concern, was not justifiable as a revenue expenditure. Therefore, the court found no legal basis to allow the deduction for the revenue expenditure.

Legality of the impugned orders:
The appellant questioned the legality of the impugned orders passed by the authorities. However, the court upheld the orders and found no substantial question of law arising from the appeal. The court determined that the diversion of a substantial sum to a sister concern under the guise of a subsidy was essentially a means of profit diversion and tax evasion. Therefore, the court dismissed the argument challenging the legality of the impugned orders.

Legality of the impugned order in light of a specific High Court decision:
The appellant raised concerns regarding the legality of the impugned order in light of a specific High Court decision. However, the court found no merit in the argument and dismissed the appeal. The court emphasized that the diversion of profits to a sister concern as a subsidy was not a justifiable expense under the Income Tax Act. The court concluded that the claimed deductions did not align with the legal requirements, especially concerning revenue expenditure.

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