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Issues Involved:
1. Acceptance of additional evidence regarding disallowance of club expenses under Rule 6B. 2. Allowance of depreciation on items of furniture and fixture in possession of employees. 3. Deletion of disallowance of guest-house expenses like rent, repairs, and depreciation. 4. Allowance of expenses for subscription for membership and acceptance of additional evidence. 5. Deletion of ad hoc disallowance of Rs. 50,000 under Rule 6B. 6. Deduction under Section 43B for outstanding interest payable to financial institutions without actual payment. Detailed Analysis: Issue 1 & 4: Acceptance of Additional Evidence and Club Expenses Deduction The CIT(A) allowed the deduction for club expenses, which included a sum of Rs. 90,000 disallowed by the AO on an ad hoc basis due to incomplete details. The CIT(A) admitted additional evidence showing that the expenses were for subscriptions only, not entertainment. The CIT(A) directed the AO to allow the claim for subscription membership only. The Tribunal upheld this decision, rejecting the Revenue's grounds as the additional evidence was forwarded to the AO, and his report was obtained. Issue 2: Depreciation on Furniture and Fixtures The assessee provided household items like telephones, refrigerators, and music systems to employees based on seniority. The AO disallowed depreciation, but the CIT(A) allowed it, referencing the company's policy and business use of assets. The Tribunal upheld the CIT(A)'s decision, noting no evidence that the assets were used personally by the company's management. Issue 3: Guest-House Expenses Both parties agreed to restore the matter to the AO to pass an order in conformity with the Special Bench's decision in the case of M/s Eicher Tractors Ltd. The Tribunal accepted this position and restored the matter to the AO. Issue 5: Ad Hoc Disallowance under Rule 6B The AO disallowed Rs. 50,000 for gifts to customers and business associates, arguing Rule 6B did not exclude items without the company's name or logo. The CIT(A) deleted this disallowance, stating Rule 6B applies to items with an element of advertisement, i.e., bearing the company's name or logo. The Tribunal upheld this decision, rejecting the Revenue's ground. Issue 6: Deduction under Section 43B for Outstanding Interest The assessee took over a business under a BIFR-sanctioned scheme, converting outstanding interest into a loan. The AO rejected the deduction claim, arguing funding did not equate to payment. The CIT(A) allowed the deduction, stating the conversion of interest into a loan was akin to payment, supported by financial institution certificates. The Tribunal upheld the CIT(A)'s decision, noting the majority opinion of various Tribunal Benches favored the assessee. The Tribunal did not address the alternative claim of Rs. 2.48 crores as the main ground was upheld. Conclusion: The Tribunal upheld the CIT(A)'s decisions on all grounds except for the guest-house expenses, which were remanded to the AO. The Revenue's appeal was partly allowed for statistical purposes.
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