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Issues involved: Interpretation of entertainment expenditure u/s 37(2B) of the Income-tax Act, 1961 for a private limited company engaged in "Fumigation and Disinfection" business.
Summary: The High Court of Karnataka addressed a reference u/s 256 of the Income-tax Act, 1961 regarding the disallowance of expenditure amounting to Rs. 25,119 as entertainment expenditure u/s 37(2B) for a private limited company engaged in "Fumigation and Disinfection" business. The Income-tax Officer disallowed the claimed "Business Promotion Expenses" as entertainment expenditure, leading to appeals and ultimately a reference to the High Court. The assessee contended that the Tribunal had not correctly applied legal principles in categorizing the expenditure as entertainment rather than business promotion. The counsel for the Income-tax Department argued that the Tribunal's decision was correct and cited relevant case law to support their position. The Tribunal had previously examined a similar issue for the same assessee and held that expenditure involving an element of hospitality qualifies as entertainment expenditure u/s 37(2B). The High Court agreed with the Tribunal's earlier finding and upheld the disallowance of the expenditure as entertainment expenditure, ruling in favor of the Revenue. In conclusion, the High Court answered the question in the affirmative against the assessee and in favor of the Revenue, directing each party to bear their own costs.
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