The Appellate Tribunal considered the disallowance of club ...

Club expenses disallowed as personal by AO, but erroneous. Company has no personal expenses. Expenses must be for business. Appeal allowed.

Case Laws Income Tax

June 14, 2024

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 ...

Club expenses disallowed as personal by AO, but erroneous. Company has no personal expenses. Expenses must be for business. Appeal allowed.

Case Laws Income Tax

June 14, 2024

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