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Issues Involved:
1. Deduction of expenditure on tea, tiffin, and refreshments. 2. Deduction of expenditure incurred on boarding and lodging facilities. 3. Deduction of provision for payment of gratuity. Summary of Judgment: Issue 1: Deduction of expenditure on tea, tiffin, and refreshments - The assessee claimed a deduction of Rs. 46,798 for tea, tiffin, and refreshments at a conference. The Income-tax Officer disallowed Rs. 34,100 u/s 37(2) of the Income-tax Act, 1961, considering it as entertainment expenditure. - The Tribunal, relying on the Gujarat High Court decision in CIT v. Patel Bros. & Co. Ltd. [1977] 106 ITR 424, accepted the assessee's contention that the expenditure was for hospitality, not entertainment, and directed the deletion of the addition. - The High Court followed its decision in CIT v. Agarpara Co. Ltd. [1987] 167 ITR 866 (Cal) and held that the expenditure was in the nature of hospitality and thus deductible. The question was answered in the affirmative and in favor of the assessee. Issue 2: Deduction of expenditure incurred on boarding and lodging facilities - The assessee incurred Rs. 1,59,407 on boarding and lodging facilities, recovering Rs. 1,31,162, and claimed the difference of Rs. 28,245 as a deductible expenditure. The Income-tax Officer disallowed the claim u/s 37(4), treating it as guest house expenditure. - The Tribunal found that the accommodation was necessary due to the lack of hotels and was part of the business assets, not a guest house. The expenditure was allowed as a deduction. - The High Court, citing CIT v. Parshva Properties Ltd. [1987] 164 ITR 673, held that the accommodation provided was not a guest house and allowed the deduction. The question was answered in the affirmative and in favor of the assessee. Issue 3: Deduction of provision for payment of gratuity - The assessee introduced a gratuity scheme and claimed Rs. 1,16,57,966 based on actuarial valuation. The Income-tax Officer allowed only Rs. 12,75,558 for the current year, disallowing the balance as it pertained to earlier years. - The Tribunal, relying on Budge Budge Amalgamated Mills Ltd. and Tata Iron & Steel Co. Ltd. v. D. V. Bapat, ITO [1975] 101 ITR 292, allowed the entire deduction. - The High Court, following Supreme Court decisions in Shree Sajjan Mills Ltd. v. CIT [1985] 156 ITR 585 and CIT v. Andhra Prabha (P.) Ltd. [1986] 158 ITR 416, held that the provision for gratuity was deductible even if it included liability for earlier years. The question was answered in the affirmative and in favor of the assessee. Conclusion: All three questions were answered in the affirmative and in favor of the assessee. The High Court upheld the Tribunal's decisions, allowing the deductions claimed by the assessee for tea, tiffin, and refreshments, boarding and lodging facilities, and provision for gratuity. The application for a certificate for appeal to the Supreme Court was rejected.
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