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2015 (5) TMI 786 - AT - Income TaxDisallowance of entrance fee for membership of business club - revenue v/s capital exoenditure - Held that - When two divergent views are available on the same issue, the view favourable to the assessee has to be followed in view of the decision of the Hon ble Supreme Court in the case of Vegetable Products Ltd. reported in 1973 (1) TMI 1 - SUPREME Court . In view of the above, we are of considered opinion that entrance fee for membership of business club is revenue expenditure. The order of the Ld. CIT(A) is, therefore, set-aside and the ground of appeal raised by the assessee is allowed. - Decided in favour of assesse.
Issues Involved:
1. Disallowance of entrance fee for membership of a business club as revenue expenditure. Detailed Analysis: ITA No.1812/PN/2013 (A.Y. 2005-06): Issue: The assessee challenged the CIT(A)'s order confirming the Assessing Officer's disallowance of Rs. 5,00,000/- entrance fee for business club membership. Facts: During assessment proceedings, the Assessing Officer observed that the assessee claimed club expenses of Rs. 5,08,750/- (Rs. 5,00,000/- entrance fee and Rs. 8,750/- annual subscription). The entrance fee was disallowed as it was considered a non-refundable deposit providing enduring benefit, thus classified as capital expenditure. CIT(A) Decision: The CIT(A) upheld the Assessing Officer's decision, noting that the membership provided benefits over time, akin to an initial deposit rather than an annual fee, and thus was capital expenditure. Tribunal's Previous Decision: The Tribunal had previously restored the issue to the CIT(A) for reconsideration, comparing the facts with decisions from the Gujarat and Kerala High Courts. CIT(A) Reconsideration: On reconsideration, the CIT(A) again decided against the assessee, relying on the Kerala High Court's decision in Framatone Connector Oen Ltd., which held such fees as capital expenditure. Assessee's Argument: The assessee cited the Mumbai Tribunal's decision in DCIT vs. M/s Bank of America Securities (India) Pvt. Ltd., where corporate membership fees were deemed revenue expenditure. Additionally, the Delhi High Court in CIT vs. Samtel Color Ltd. held corporate membership fees as allowable business expenses. Departmental Representative's Argument: The Department supported the CIT(A)'s decision, emphasizing the Kerala High Court's judgment in Framatone Connector Oen Ltd. Tribunal's Analysis: The Tribunal considered various judgments, including the Mumbai Bench's decision in M/s Bank of America Securities and the Delhi High Court's decision in Samtel Color Ltd., both favoring the assessee. The Tribunal noted that such fees facilitate smooth business operations without adding to the profit-earning apparatus, thus qualifying as revenue expenditure. Conclusion: The Tribunal set aside the CIT(A)'s order, holding that the entrance fee for business club membership is revenue expenditure. The appeal was allowed. ITA No.1813/PN/2013 (A.Y. 2006-07): Issue: Identical to ITA No.1812/PN/2013, concerning the disallowance of entrance fee for business club membership. Conclusion: Following the reasoning in ITA No.1812/PN/2013, the Tribunal held that the entrance fee is revenue expenditure. The appeal was allowed. Final Decision: Both appeals filed by the assessee were allowed, with the Tribunal concluding that the entrance fee for business club membership is revenue expenditure. The decision was pronounced in the open court on 30.04.2015.
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