2015 (6) TMI 681 - HC - Income Tax

Community development expenditure - whether be allowable as business expenditure - ITAT allowed claim - Held that - Tribunal while following the decision of the Madras High Court in Commissioner of Income Tax v/s. Madras Refineries Ltd., 2003 (11) TMI 47 - MADRAS High Court held that the concept of business is not static and over a period of time, it would include within its fold the care and concern for the society at large which would result in a goodwill being created in its favour leading to better business. The Madras High Court in Madras Refineries (supra) had allowed expenditure incurred on drinking water facilities and aid to the school. Therefore, in the present case also, expenditure incurred for community is for the purpose of business. This is in effect, a finding of fact and the Revenue is unable to show, it is perverse. Thus, no fault can be found with the order of the Tribunal. - Decided against revenue.

Summary

Issues:
1. Deduction of community development expenditure as business expenditure.
2. Allowability of expenditure incurred in a previous assessment year in the current year.

Analysis:
1. The main issue in this case was whether the deduction of the entire expenditure of Rs. 14,42,654 incurred under the head community development expenditure as business expenditure was justified. The Respondent had claimed this deduction for activities like providing street lights, ambulance services, and developing a public garden. The Assessing Officer initially disallowed this expenditure, stating it was not incurred wholly and exclusively for the purpose of the business. The CIT(A) also upheld this decision. However, the Tribunal, following the decision of the Madras High Court, held that business includes care and concern for society, leading to goodwill and better business. The Tribunal found that the expenditure for community development was indeed for the purpose of business, as evidenced by the Madras Refineries case where similar expenditures were allowed. The Tribunal's decision was considered a finding of fact, and no fault was found with it. Thus, the appeal challenging the deduction was dismissed.

2. The second issue was regarding the allowability of expenditure incurred in a previous assessment year in the current year. The Revenue had raised a question on this matter, but Mrs. Bharucha, representing the Revenue, stated that this question was not being pressed. Therefore, this issue was not further discussed in the judgment.

In conclusion, the High Court upheld the Tribunal's decision to allow the deduction of community development expenditure as business expenditure, citing the importance of social responsibility in enhancing business reputation and goodwill. The appeal was dismissed, and no substantial questions of law were found to arise from the case.