1990 (5) TMI 58 - AT - Income Tax

Summary

Issues:
1. Disallowance of a sum of Rs. 21,000 towards "rent expenses."

Detailed Analysis:
The appellant, a registered firm, received compensation from a company for the termination of its agency as surveyors during the assessment year. The firm also earned commission from handling shipping documents and a fee for working as surveyors for other parties. The firm had earlier received commission from its principal at Bombay, who later started its own offices at different locations. The appellant received monthly compensation for providing facilities to the principal, which included hiring residential accommodation for the principal's employees. The IAC (Asst.) disallowed Rs. 21,000 spent on residential accommodation, considering it as falling under s. 37(4) and (5). The CIT(A) upheld the disallowance.

The appellant argued that the properties were exclusively for the principal's employees stationed at Jamnagar and not used by the firm's partners or employees. The appellant contended that the properties did not qualify as a guest house under s. 37(4) or (5) as they were not used by persons on "tour or visit." The appellant requested the disallowance to be deleted. The departmental representative supported the tax authorities' decision, citing precedents. The appellant distinguished the cited cases, emphasizing that the situation was different.

The Tribunal examined the submissions and reviewed the tax authorities' orders. The Tribunal noted that the cited precedents were not applicable to the appellant's case as they involved different facts. In the present case, the properties were used permanently by the principal's employees for residential purposes, not for touring or visiting. The Tribunal referred to s. 37(5) and concluded that the expenditure on residential accommodation for the principal's employees was not covered by s. 37(4) and (5) and allowed it as a deduction. The appeal was allowed, and the disallowance of Rs. 21,000 was overturned.