1979 (4) TMI 53 - AT - Income Tax

Summary

Issues:
1. Addition of value of free passes and kharach tea as expenditure by the Income Tax Officer (ITO).
2. Challenge to the additions before the Appellate Assistant Commissioner (AAC).
3. Deletion of additions by the AAC.
4. Contention by the Revenue that the expenses are entertainment expenditures and not for business purposes.
5. Assessee's argument that the expenses are incurred for the purpose of the business and not entertainment.
6. Consideration of the nature of expenses by the Tribunal.

Analysis:

The judgment by the Appellate Tribunal ITAT Chandigarh involved two appeals by the Revenue concerning the addition of expenses by the ITO in the assessments for the years 1975-76 and 1976-77. The ITO added the value of free passes and kharach tea as expenditure, contending that they were not allowable business expenses but entertainment costs. The AAC, however, deleted these additions, citing a previous Tribunal order in a similar case. The Revenue argued that the expenses were entertainment expenditures and not for business purposes, relying on a High Court judgment. On the other hand, the assessee claimed that the expenses were essential for maintaining goodwill in the film exhibition business and were not entertainment costs. The Tribunal analyzed the nature of the expenses, ruling that the entertainment tax paid by the assessee was not entertainment expenditure but a business expense to maintain goodwill. Hence, the AAC's deletion of these expenses was upheld. However, regarding the expenditure on tea for individuals receiving free tickets, the Tribunal found it to be entertainment expenditure as the claim that some were for employees was not proven. Consequently, the additions for tea expenses were reinstated for both assessment years. The appeals were allowed in part, with the AAC's decision upheld for entertainment tax but reversed for tea expenses.