1993 (8) TMI 39 - HC - Income Tax

Court allows deductions for repairs and messing expenses disallowed by Revenue under Income-tax Act

The court ruled in favor of the assessee, allowing deductions for both current repairs expenses and messing and tea expenses disallowed by the Revenue ... Business Expenditure, Entertainment Expenditure, Expenditure On Repair, Guest House Issues: The judgment involves the disallowance of expenses incurred on current repairs of a guest house under different sections of the Income-tax Act, 1961.Current Repairs Expenses - Section 37(4): The Revenue disallowed the deduction claimed for expenses on current repairs of the guest house under section 37(4) of the Income-tax Act, 1961. However, the court held that the expenditure did not fall under section 37(1) and was allowable under section 30 of the Act based on precedents and the nature of the expenditure. The court referred to previous decisions to support its ruling, emphasizing that for section 37(4) to apply, the expenditure must first be covered by section 37(1), which was not the case here.Messing and Tea Expenses - Section 37(2B): The Revenue also disallowed the expenditure on messing and tea, citing section 37(2B) of the Income-tax Act, 1961. However, the Appellate Tribunal found that the meals provided were simple and not on a lavish scale, thus not constituting entertainment expenditure. Relying on a previous court decision, the Tribunal held that the messing and tea expenses were allowable as they were not hit by section 37(2B) of the Act.Conclusion: The court answered all three questions in the affirmative, ruling against the Revenue and in favor of the assessee, allowing the deductions for both the current repairs expenses and the messing and tea expenses. No costs were awarded in this judgment.