1986 (2) TMI 346 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of expenses incurred on guest houses under section 37(4) of the Income-tax Act, 1961.
2. Disallowance under section 40(c)(i) and (ii) of the Income-tax Act.
3. Disallowance of transport and hotel expenses.
4. Extra shift allowance on diesel generator sets.

Issue-Wise Detailed Analysis:

1. Disallowance of Expenses Incurred on Guest Houses under Section 37(4) of the Income-tax Act, 1961:

The primary issue was whether the expenses incurred on transit flats at Bombay and New Delhi could be disallowed under section 37(4) of the Income-tax Act. The assessee maintained three guest houses, two at Delhi and one at Bombay, with the total expenditure for two guest houses amounting to Rs. 1,29,788. The ITO disallowed the claim for deduction, and the Commissioner (Appeals) upheld this disallowance. The Tribunal had previously confirmed the disallowance for earlier years under section 37. The assessee argued that the provisions of section 37(4) were not correctly applied and that the guest houses were used by employees, directors, and auditors for business purposes, not falling within the scope of section 37(4). The Tribunal considered various High Court decisions, including the Madras High Court in CIT v. Aruna Sugars Ltd. and the Punjab and Haryana High Court in Saraswati Industrial Syndicate Ltd. The Tribunal concluded that the residential accommodations maintained by the assessee were not in the nature of guest houses as per section 37(4) and thus allowed the assessee's claim.

2. Disallowance under Section 40(c)(i) and (ii) of the Income-tax Act:

The assessee contested the disallowance of Rs. 85,501 under section 40(c)(i) and (ii) of the Income-tax Act, which the Commissioner (Appeals) did not decide. The Tribunal, referencing previous decisions, upheld the disallowance. Additionally, the assessee objected to the inclusion of municipal tax, telephone expenses, and flat maintenance expenses as perquisites for computing disallowance under section 40(c). The Tribunal upheld the inclusion of municipal tax but excluded telephone and flat maintenance expenses from disallowance, following prior Tribunal orders.

3. Disallowance of Transport and Hotel Expenses:

The assessee and the department both appealed regarding the disallowance of transport and hotel expenses. The ITO disallowed Rs. 23,717, being 10% of the total expenses due to lack of proper details. The Commissioner (Appeals) restricted the disallowance to Rs. 8,000, considering only hotel and taxi expenses. The Tribunal, following its earlier decision for previous years, upheld the ITO's disallowance of Rs. 23,717, rejecting the Commissioner (Appeals)'s restriction.

4. Extra Shift Allowance on Diesel Generator Sets:

The ITO disallowed the extra shift allowance on diesel generator sets, considering them as electrical machinery not eligible for such allowance. The Commissioner (Appeals) allowed the claim, following previous orders. The Tribunal examined the relevant provisions and concluded that diesel generator sets did not fall under the category of electrical machinery as envisaged in the depreciation schedule. Thus, the Tribunal upheld the assessee's entitlement to extra shift allowance on the generating sets.

Conclusion:

Both the assessee's and the department's appeals were partly allowed. The Tribunal provided a detailed analysis of each issue, considering relevant High Court decisions and prior Tribunal orders, ensuring a comprehensive and legally sound judgment.