2013 (7) TMI 657 - HC - Income Tax

Deduction u/s 37 - Expenditure done for advertising Rasna - Tribunal deleted disallowance u/s 37 - Held that - While examining a claim for deduction under section 37 of the Act, what has to be seen is whether the expenditure had been incurred wholly and exclusively for the purpose of the assessees business and whether it falls under any of the exceptions carved out under sub-section (2B) - Once it is found that the expenditure had been incurred by the assessee for publicity or advertisement, it is not for the department to consider what commercial expediency justified such expenditure - The mere fact that on account of the expenditure incurred by the assessee wholly and exclusively for its own business, incidentally some third party is also benefited is no ground to disallow any part of such expenditure - No part of the said expenditure was expended for any purpose other than for the assessees business - Following decision of Commissioner of Income-tax, Bombay City I v. Maharashtra Sugar Mills Ltd. 1971 (8) TMI 14 - SUPREME Court - Decided against Revenue.

Issues Involved:
1. Disallowance of advertisement expenses.
2. Responsibility for marketing.
3. Creation of an intangible asset through advertising.
4. Ownership of the brand "Rasna."
5. Consideration of facts regarding brand ownership.

Detailed Analysis:

1. Disallowance of Advertisement Expenses:
The primary issue was whether the Income Tax Appellate Tribunal (Tribunal) erred in deleting the disallowance of advertisement expenses amounting to Rs. 35,64,277, which constituted 30% of the total advertisement expenses. The Tribunal had relied on its earlier decision involving the same assessee, which was upheld by the High Court in Tax Appeal No. 352 of 2012. The High Court observed that the assessee had indeed incurred the advertisement expenses for the promotion of its products under the Rasna brand name, and the expenditure was wholly and exclusively for the purpose of its business, satisfying the requirements of Section 37 of the Income Tax Act, 1961.

2. Responsibility for Marketing:
The Revenue contended that the marketing was not the responsibility of the assessee but of Rasna Private Limited, suggesting that the Tribunal's decision was perverse. However, the High Court noted that the assessee had incurred the expenses for its business purposes, and the mere fact that another entity might benefit from the advertisements did not negate the business purpose of the expenditure.

3. Creation of an Intangible Asset:
Another issue was whether the advertisement expenses led to the creation of an intangible asset, which was not owned by the assessee, and therefore, should be considered capital in nature. The High Court referred to Section 37(1) of the Income Tax Act, which allows deductions for expenditures laid out wholly and exclusively for business purposes, provided they are not capital or personal expenses. The Court found that the expenses were not capital in nature as they were incurred for promoting the assessee's products, not for creating a tangible or intangible asset.

4. Ownership of the Brand "Rasna":
The Revenue argued that since the brand "Rasna" was not owned by the assessee, any advertisement expenses incurred to augment the brand value could not be considered wholly and exclusively for the assessee's business. The High Court dismissed this argument, stating that incidental benefits to the brand owner or other manufacturers using the same brand do not change the nature of the expenses from being business-related. The Court emphasized that the statutory provision under Section 37 does not allow the disallowance of expenses merely because third parties also benefit incidentally.

5. Consideration of Facts Regarding Brand Ownership:
The Revenue claimed that the Tribunal's order was perverse as it did not consider the fact that the Rasna brand was not owned by the assessee. The High Court reiterated that the Tribunal had correctly applied the principles of commercial expediency and business purpose. The Court cited precedents, including the decision in Commissioner of Income Tax, Gujarat II v. Raipur Manufacturing Company Ltd., to support the view that expenditures made for business purposes, even if voluntary, are allowable if they are commercially expedient and intended to benefit the business.

Conclusion:
The High Court upheld the Tribunal's decision, confirming that the advertisement expenses incurred by the assessee were wholly and exclusively for its business purposes. The incidental benefits to other entities using the Rasna brand did not warrant disallowance under Section 37 of the Income Tax Act. The appeals were dismissed, and no substantial question of law was found to warrant interference.

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