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Issues involved: The judgment involves the question of whether the expenditure incurred by an assessee in organizing football and hockey tournaments is an allowable deduction under section 10(2)(xv) of the Indian Income Tax Act, 1922.
Assessment Years 1956-62: The assessee, a company owning multiple mills, claimed deduction of expenses for conducting annual hockey and football tournaments under the head of advertisement. The Income Tax Officer (ITO) initially refused the deduction, stating a lack of direct connection between the tournaments and the business. The Appellate Tribunal, however, allowed the deduction in full for each assessment year, emphasizing the advertising value, publicity, and employee recreation provided by the tournaments. The Tribunal referred the matter to the High Court, which analyzed the expenditure u/s 10(2)(xv) and concluded that the expenses were wholly and exclusively laid out for the purpose of the business, thus allowing the deduction. Legal Principles: The judgment referred to various legal precedents to determine the allowability of the expenditure. It highlighted that expenses laid out wholly and exclusively for the purpose of business, including advertisement costs, are deductible. The court emphasized that the expenditure need not directly result in profit but should be incurred for commercial expediency. It also noted that providing amenities for employees can indirectly benefit the business. Applying these principles, the court found that the tournaments' organization had a clear advertising value and provided recreational amenities, supporting the allowance of the deduction u/s 10(2)(xv). Conclusion: The High Court answered the question in the affirmative, allowing the deduction of the expenditure incurred by the assessee in organizing football and hockey tournaments under section 10(2)(xv) of the Indian Income Tax Act, 1922. The parties were directed to bear their own costs in the circumstances of the case.
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