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Issues involved:
The admissibility of lease rent as a deduction under section 37 of the Income-tax Act, 1961 for the assessment years 1971-72 and 1972-73. For the assessment year 1971-72: The assessee, a partnership firm, claimed lease rent of Rs. 12,600 as a business expenditure for the period April 1, 1970, to March 31, 1971. The Commissioner, under section 263 of the Act, held the deduction as erroneous, stating that the land taken on lease was not put to use for business during the previous year. The Income-tax Appellate Tribunal allowed the deduction, emphasizing that the rent was paid to keep the business running and was acquired for business purposes. The Tribunal's decision was upheld, stating that the expenditure was wholly and exclusively for the business of the assessee. For the assessment year 1972-73: The same amount of Rs. 12,600 was paid as lease rent, but the ITO disallowed the claim. The AAC confirmed the disallowance, which was later overturned by the Income-tax Appellate Tribunal, following the same reasoning as in the previous year. The Tribunal held that the rent was a permissible deduction under section 37 as it was paid to maintain the business. The High Court affirmed the Tribunal's decision, stating that the expenditure was incurred wholly and exclusively for the business of the assessee. Conclusion: The High Court held that the lease rent paid by the assessee was a permissible deduction under section 37 of the Income-tax Act, as it was spent for the purpose of expanding the business by constructing a new office and showroom. The court emphasized that the expenditure was incurred wholly and exclusively for the business, leading to a favorable decision for the assessee.
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