2022 (6) TMI 940 - AT - Income Tax

Business expenditure allowable u/s. 37(1) - whether expenses incurred by the assessee are claimed as deductable which are incurred in the course of business towards club membership or whether they are in respect of availing of services and facilities at the club? - HELD THAT - Section 37(1) of the Act provides that expenditure incurred which are fully and exclusively for the purpose of business are to be allowed. Accordingly, we find it proper to remit the matter back to the file of the Ld. AO for the limited purpose of verification of these expenses claimed by the assessee as club membership and subscription expenses for the purpose of allowability. AO is directed to ascertain under which bucket these expenses fall as referred in (i) (ii) of para 9 above. Based on his examination and verification and categorization of expenses in each of the two bucket referred above, the amount of expenses incurred in respect of club membership and subscription fees only shall be allowed as business expenditure u/s. 37(1) of the Act. Needless to say, the assessee be given reasonable opportunity of being heard and be at liberty to make all of its submissions to justify its claim. Accordingly, the appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
Adjustment made in processing return for membership and subscription expenses.

Analysis:
The appeal involved a delay of 2 days in filing, which was condoned due to sufficient cause. The issue revolved around the adjustment made in the return processing by CPC, Bangalore regarding membership and subscription expenses claimed by the assessee. The assessee contended that these expenses were for sales promotion and should be allowed as business expenses. The first appellate authority dismissed the appeal, stating that the expenses were personal/capital in nature and thus not allowable under section 37(1) of the Income-tax Act. The Tribunal noted that the expenses were disclosed in Form 3CD by the tax auditor and directed the AO to verify and categorize the expenses as club membership and subscription fees for the purpose of allowability under section 37(1) of the Act. The matter was remitted back to the AO for further examination, giving the assessee an opportunity to justify its claim.

The Tribunal considered various judgments, highlighting that expenses for club membership fees and subscription for employees are considered business expenditure under section 37(1) of the Act, while expenses for availing club services are not allowable. The key point was to determine whether the expenses were incurred in the course of business for club membership or for availing services at the club. The Tribunal emphasized that expenses fully and exclusively for business purposes are allowed under section 37(1) of the Act. Therefore, the Tribunal directed the AO to categorize the expenses and allow only those related to club membership and subscription fees as business expenditure, providing the assessee with a fair opportunity to present its case.

In conclusion, the Tribunal allowed the appeal for statistical purposes, remitting the matter back to the AO for verification and categorization of the club membership and subscription expenses claimed by the assessee. The decision was based on the need to ascertain the nature of the expenses and determine their allowability under section 37(1) of the Income-tax Act.