2006 (7) TMI 127 - HC - Income Tax

Items given as gift - Advertisement value - value of presentation articles - Whether, value of presentation articles bearing the name of the appellant company, despite not being intended for distribution, for promoting or boosting the appellant s sales but for extending general courtesy to business associates has any advertisement value so as to suffer consequence of provision of rule 6B of the Income-tax Rules, 1962? - leather articles, nylon bags, umbrella, glass jugs, etc., were provided as gift articles to the dignitaries. A mere name in the articles does not by itself convert the said gift articles as having any advertisement value in terms of the law governing tax in such matters. - authorities are not correct in disallowing this claim. - we deem it proper to answer this question in favour of the assessee.

Summary

Issues:
Interpretation of rule 6B of the Income-tax Rules, 1962 regarding the value of presentation articles for advertisement purposes.

Detailed Analysis:
The case involved a dispute regarding the advertisement value of presentation articles bearing the name of a company, which were intended for extending general courtesy to business associates and not for distribution to promote sales. The appellant, a company covered by income-tax laws, challenged the disallowance of expenses incurred in procuring these articles under rule 6B of the Income-tax Rules, 1962. The Department treated the articles as falling within the scope of rule 6B and disallowed an amount exceeding Rs. 50 each. The matter went through appeals, with the Tribunal ultimately upholding the disallowance.

During the arguments, the appellant's counsel contended that the expenses were not for advertisement purposes as held by the authorities, emphasizing that the intention was not to advertise but to extend courtesy. On the other hand, the Department's counsel argued that any reference to the company's name on the articles had advertisement value, justifying the disallowance.

The court examined the material on record, including the tax audit report and previous decisions. Referring to relevant sections of the Income-tax Act and rule 6B, the court analyzed the nature of advertisement expenses and the criteria for disallowance under the rule. It was noted that simply having the company's name on the articles did not constitute advertisement unless there was a clear intention to advertise, considering factors like the audience and context of presentation.

In light of the arguments and evidence presented, the court concluded that the presentation of articles as gifts to dignitaries did not amount to advertisement as claimed by the authorities. The court emphasized that the expenses in question were for gifts, not advertising, and the nominal amount involved could not be equated to substantial advertising expenses incurred by the company. The court found that the authorities were incorrect in disallowing the claim and ruled in favor of the assessee, holding that the articles did not have advertisement value as per the tax laws governing such matters.