The Appellate Tribunal considered the disallowance of club ...

Tribunal Overturns Disallowance of Club Expenses, Citing Misclassification as Personal Instead of Business-Related.

June 14, 2024

Case Laws Income Tax AT

The Appellate Tribunal considered the disallowance of club expenses to determine if they were incurred for business purposes. It held that the Assessing Officer's addition based on the expenses being personal was erroneous. As a company, the assessee would not have personal expenses. The Tribunal emphasized that a company, as a juristic person, does not have personal expenses like individuals. The High Court decision in Sayaji Iron & Engg.Co. vs CIT supported this view, stating that a company is a distinct assessable entity. The Tribunal found that the lower authorities failed to assess whether the expenses were incurred in the course of business. The CIT(A)'s findings lacked specificity on the nature of the expenses, and a mere assertion of personal nature without proper examination was insufficient. The Tribunal allowed the assessee's appeal, emphasizing the legal provisions of u/s 40(c) and u/s 40A(5) to support its decision.

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The Appellate Tribunal considered the disallowance of club ...

Tribunal Overturns Disallowance of Club Expenses, Citing Misclassification as Personal Instead of Business-Related.

June 14, 2024

Case Laws Income Tax AT

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