2013 (9) TMI 884 - HC - Income Tax

Allowability of Scholarship expenditure as business expense - revenue contended that Scholarship was given to only one student namely, Akash Kumar for getting education in U.S.A. - according to revenue the said expenditure cannot be claimed as business expenditure. Held that - Scholarship scheme resulted in higher receipt in the subsequent years, which shows that business has increased tremendously. It means that by providing foreign Scholarship, more students were attracted. It is a business strategy/intelligentsia - Yardstick will have to be seen from the businessman s point of view, as observed in the case of CIT v. M/S. Walchand & Co. (Pvt.) Ltd. 2013 (9) TMI 450 - ITAT AHMEDABAD Expenditure allowed Decided against the Revenue.

Summary

Issues:
1. Whether a single scholarship expense of Rs.14,71,199 can be treated as a business expenditure.
2. Whether the Scholarship Scheme launched by the assessee to attract more students can be considered a business strategy.

Analysis:
1. The appeal was filed against the order passed by the Income Tax Appellate Tribunal regarding the treatment of a single scholarship expense of Rs.14,71,199 as a business expenditure for the Assessment Year 2004-05. The Tribunal had deleted the addition made by the Assessing Officer, leading to the appeal. The key argument was whether the scholarship provided to a single student for education in the USA could be claimed as a business expenditure. The department contended that the expenditure was not for the benefit of the business, while the assessee's counsel argued that the scholarship was part of a larger strategy to attract more students to the coaching institute.

2. The Scholarship Scheme launched by the assessee was aimed at attracting more students to the coaching institute for Engineering and Medical examinations. The selected student, based on merit, was required to complete the course, failing which the scholarship amount was to be refunded with interest. The Board of Directors selected the student without any relation to them, and the tax effect was within the prescribed limit. The Tribunal observed that the scholarship scheme had contributed to a significant increase in business, indicating a successful business strategy. The Tribunal referred to precedents emphasizing the consideration of real income materialization from a businessman's perspective and upheld the scholarship expense as a valid business expenditure.

In conclusion, the High Court upheld the Tribunal's decision, stating that the scholarship expense was a legitimate business strategy that contributed to the growth of the business. The judgment favored the assessee, dismissing the appeal filed by the department. The court's decision was based on the understanding that the scholarship scheme was a business-oriented initiative that yielded positive results for the coaching institute, aligning with commercial and business realities.