1999 (9) TMI 112 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of guest house expenses u/s 37(4).
2. Disallowance on account of fluctuation in foreign exchange rate.
3. Disallowance u/s 37(3) r/w r. 6D of IT Rules.
4. Disallowance of fees paid to an advocate.
5. Disallowance u/s 35AB for technical know-how and technical service fees.

Summary:

1. Disallowance of Guest House Expenses u/s 37(4):
The assessee contested the disallowance of Rs. 1,64,512 as guest house expenses. The CIT(A) allowed depreciation on furniture and fixtures but confirmed the disallowance of other expenses. The Tribunal, referencing decisions from the Gujarat High Court, directed the AO to allow the expenses.

2. Disallowance on Account of Fluctuation in Foreign Exchange Rate:
The assessee did not press this ground of appeal, leading to its dismissal.

3. Disallowance u/s 37(3) r/w r. 6D of IT Rules:
The AO disallowed Rs. 1,16,219 for expenses incurred by employees on outstation tours. The CIT(A) confirmed this disallowance. The Tribunal, referencing the Calcutta High Court decision in CIT vs. Vidyutt Mettalics Ltd., found that the expenses were incurred for business purposes and deleted the disallowance.

4. Disallowance of Fees Paid to an Advocate:
The assessee's claim for Rs. 3,00,000 paid to an advocate was rejected, as the Tribunal had allowed this amount in the assessee's own case for the subsequent assessment year.

5. Disallowance u/s 35AB for Technical Know-How and Technical Service Fees:
The AO disallowed Rs. 23,23,880, allowing only 1/6th of the amount as deduction u/s 35AB. The assessee argued that the payment was for using the know-how, not acquiring it, and should be allowed as business expenditure u/s 37. The Tribunal, referencing multiple Supreme Court and High Court decisions, concluded that since the assessee did not acquire ownership of the know-how, s. 35AB did not apply. The expenditure was deemed revenue in nature and allowed u/s 37(1).

Conclusion:
The appeal was allowed, with the Tribunal directing the AO to allow the expenses under the relevant sections as discussed.