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Issues involved: Determination of whether the assessee-company qualifies as an industrial company for tax benefits, disallowance of motor car expenses due to personal use by directors, disallowance of depreciation on car, disallowance of telephone expenditure for personal use, and disallowance of membership fee for directors in clubs.
Issue 1 - Industrial Company Status: The appeal concerns the classification of the assessee-company as a trading or industrial company for tax purposes. The Commissioner (Appeals) denied the lower tax rate benefit to the assessee, considering it a trading company rather than an industrial company engaged in manufacturing or processing goods. The Tribunal acknowledged the technical oversight in the claim submission but allowed consideration on merits. Various case laws were cited to support the claim, but ultimately, following the Kerala High Court ruling, the Tribunal decided against the assessee's claim as the activity of running a hotel was deemed a trading concern, not manufacturing. Issue 2 - Disallowance of Motor Car Expenses: The dispute involves the disallowance of 15% of motor car expenses due to personal use by directors. The assessee argued that while personal use could be a director's perquisite, it should still be an allowable expenditure for the company. The Tribunal supported this argument based on a previous Bombay 'C' Bench decision, ruling in favor of the assessee. Issue 3 - Disallowance of Depreciation on Car: This issue is linked to the preceding one, where the disallowance of 15% depreciation on the car was connected to the earlier decision on motor car expenses. As the disallowance of expenses was overturned, the disallowance of depreciation was also deemed invalid, resulting in a decision in favor of the assessee. Issue 4 - Disallowance of Telephone Expenditure: The contention revolves around the disallowance of 20% of telephone expenditure due to personal use, following past assessment practices. The Tribunal found no new evidence to warrant overturning the Commissioner (Appeals)'s decision, leading to a ruling against the assessee on this ground. Issue 5 - Disallowance of Membership Fee for Directors: The final issue concerns the disallowance of a membership fee paid for directors in clubs. The Commissioner (Appeals) disallowed the expense, stating it was not a company expenditure. However, the Tribunal, citing a Bombay 'B' Bench decision, supported the allowance of such expenses as business expenditure, emphasizing the benefits of club memberships for business development. Consequently, this issue was decided in favor of the assessee. In conclusion, the Tribunal partially allowed appeals for the assessment years 1977-78 and 1978-79, while dismissing the appeal for the assessment year 1979-80.
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