1995 (3) TMI 158 - AT - Income Tax

Summary

Issues:
- Disallowance under section 37(4) of the Income-tax Act.

Detailed Analysis:
The appeal before the Appellate Tribunal ITAT DELHI-B involved the issue of disallowance under section 37(4) of the Income-tax Act. The assessee contested the disallowance of rent paid for a guest house, arguing that section 37(4) overrides sections 37(1) and 37(3) only, and rent is allowable under section 30, not under section 37(4). The assessee relied on various decisions to support this argument, emphasizing that if two views are possible, the one favorable to the assessee should be adopted, citing relevant Supreme Court decisions. On the other hand, the Departmental Representative (DR) supported the disallowance, stating that the interpretation proposed by the assessee would render Explanation 2 of section 37(4) nugatory. The DR also cited several decisions to support her position, emphasizing that interpretations rendering provisions of the Act nugatory should not be accepted.

The Tribunal considered the arguments of both parties and noted the lack of consensus among High Courts on the issue. While some High Courts restricted disallowance under section 37(4) to expenses allowable under sections 37(1) or 37(3) only, others upheld disallowance on different grounds. The Tribunal acknowledged the possibility of two reasonable interpretations of section 37(4) and applied the principle that the interpretation favorable to the assessee should be adopted when two interpretations are possible. Consequently, the Tribunal directed that the rent paid for the guest house should be allowed, amounting to Rs. 1,76,000. As a result, the appeal was partly allowed.

In conclusion, the Tribunal's decision centered on the interpretation of section 37(4) and the conflicting views among different High Courts. By adopting the interpretation favorable to the assessee, the Tribunal allowed the rent paid for the guest house, highlighting the importance of considering the assessee's perspective when multiple interpretations of a provision are plausible.