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Issues involved: Interpretation of provisions u/s 37 of the Income-tax Act regarding entertainment expenditure and deduction of business expenditure.
Summary: The High Court of Karnataka addressed a reference u/s 256(2) of the Income-tax Act regarding the treatment of expenditure incurred by a public limited company during a visit by a Japanese delegation and expenses related to a general body meeting. The company claimed the entire amount as deduction under "Business expenditure," but the Income-tax Officer allowed only a portion as "entertainment expenditure." The Commissioner (Appeals) increased the allowance, which was upheld by the Tribunal. Regarding the first question, the Court analyzed whether the additional sum allowed by the Commissioner was justified under sub-section (2A) of section 37 of the Act, which pertains to entertainment expenditure provided to employees. The Court found that the allocation of 50% towards expenses incurred on employees accompanying the delegation was reasonable and not arbitrary, thus ruling in favor of the assessee. Moving on to the second question, the Court considered the expenditure related to the general body meeting. While a previous decision held such expenses as administrative or business expenditure, the introduction of Explanation 2 to sub-section (2A) of section 37 broadened the definition of entertainment expenditure. As per Explanation 2, expenditure on hospitality to any person other than employees is considered entertainment expenditure. Since the expenditure in question was for entertaining shareholders, it fell within this definition, leading the Court to rule in favor of the Revenue. In conclusion, the Court upheld the allowance of additional expenditure related to the Japanese delegation but disallowed the deduction for expenditure on the general body meeting under the expanded definition of entertainment expenditure in Explanation 2 of section 37.
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