2010 (3) TMI 445 - HC - Income Tax

Business- Expenditure- The assessee is a registered society registered under the provisions of the Karnataka Societies Registration Act, 1960. The assessee claimed deduction of Rs. 53,826 said to have been incurred by the assessee as legal expenses to defend the case of one of its members who was involved in contempt proceedings for disobedience of the order of the Supreme Court. The Tribunal allowed the deduction. Held that- the amount had not been spent for the benefit of the association or in connection with the membership of the person. The assessee was not expected to spend amounts to defend a person who had violated the order of the Court. The amount was not deductible.

Summary

Issues:
1. Exclusion of expenditure claimed by the respondent-assessee
2. Taxability of voluntary contributions received by the assessee
3. Allowability of legal expenses incurred by the association

Analysis:

Issue 1: Exclusion of Expenditure
The appeal was filed by the Revenue against the order passed by the Income-tax Appellate Tribunal, Bangalore. The respondent, a registered society under the Karnataka Societies Registration Act, had its application for exemption of voluntary contributions rejected by the Commissioner of Income-tax. The respondent filed an appeal against the assessment order, contesting the exclusion of claimed expenditure of Rs. 53,826. The Commissioner of Income-tax (Appeals) rejected the appeal, leading the respondent to appeal before the Income-tax Appellate Tribunal, which partially allowed the appeal. The present appeal was filed by the Revenue against this decision.

Issue 2: Taxability of Voluntary Contributions
The substantial question of law considered in the appeal was whether the voluntary contributions received by the respondent, akin to donations or gifts, should be taxed. The Tribunal's decision was challenged based on the finality of previous judgments and the rejection of the section 12A application by the Commissioner. However, the Tribunal's decision to not tax the voluntary contributions was upheld, citing specific High Court judgments. The court emphasized that the issue of taxation of such contributions did not arise in the proceedings.

Issue 3: Legal Expenses Incurred by the Association
The core issue was the allowability of legal expenses amounting to Rs. 53,826 incurred by the association to defend a member involved in contempt proceedings before the Supreme Court. The court examined the association's by-laws and the background of the member in question. It was concluded that the association's expenditure on legal defense went beyond its scope and objectives, as outlined in its memorandum of association and rules. The court found that defending a member who violated court orders did not align with the association's purpose of promoting member interests and securing equitable service conditions. Therefore, the claim for legal expenses was denied, ruling in favor of the Revenue.

In conclusion, the court allowed the appeal filed by the Revenue, upholding the denial of the claimed legal expenses and emphasizing the association's limited scope for incurring such expenses.