2009 (8) TMI 1236 - HC - Income Tax

Court Allows Business Expenses for Food, Gifts, and Service Charges in Manufacturing Industry

The court allowed the expenditure on food and gifts as business expenses, considering them ordinary course of business in the manufacturing industry. ... - Issues:1. Allowability of expenditure on food and gifts amounting to Rs. 5,76,249.2. Allowability of service charges to the extent of Rs. 41,80,949.Expenditure on Food and Gifts:The assessee claimed expenses on food and gifts as business expenses, which were initially disallowed by the Assessing Officer but later allowed by the CIT Appeal and ITAT. The court found that providing food, beverages, and occasional gifts as part of business promotion is a common practice in the manufacturing industry where customer representatives visit the premises for inspection. The court concluded that these expenses were rightly allowed as business expenditure since they were incurred in the ordinary course of business.Service Charges:Regarding the payment of Rs. 41,80,949 for liaison services, the court noted that such services are essential for activities like obtaining pre-information for tenders, competitor analysis, inspections, payments, and other formalities in government supplies. The court observed that the payment to commission agents for liaison services is necessary for enhancing business activities. The assessee provided documentary evidence, including bills and agreements with the agents, which were found to be in order by the Assessing Officer. Consequently, the court held that no legal question arose in this matter and dismissed the case.