2005 (3) TMI 104 - HC - Income Tax

Disallowance of business expenditure on gifts and donations under Income-tax Act

The Tribunal upheld the disallowance of business expenditure on distribution of sweets, dry fruits, and gift packs under section 37 of the Income-tax Act, ... Entertainment expenditure - expenditure on distribution of sweets etc. on the eve of Deewali and expenses in hospitality of courtesies – impugned expenditure would be covered under the term “entertainment expenditure” and the limit provided under sub-section (2A) of section 37 would be attracted – expenditure in making donation to educational institution are also not allowable for deduction u/s 37 Issues:1. Allowability of business expenditure on distribution of sweets, dry fruits, and gift packs under section 37 of the Income-tax Act.2. Deductibility of expenditure incurred on making donations to educational institutions under section 37 of the Act.Issue 1:The first issue pertains to the allowability of business expenditure on distribution of sweets, dry fruits, and gift packs under section 37 of the Income-tax Act. The Tribunal had to decide whether such expenditure could be considered as business expenditure or if it should be restricted under section 37(2A) as expenditure in the nature of entertainment. The applicant claimed expenses related to sales promotion, including Deewali expenses, and advertisement expenses. The Assessing Officer disallowed a portion of these expenses, which was upheld by the Commissioner of Income-tax (Appeals) and the Tribunal. The applicant argued that the scope of 'entertainment expenditure' had been widened by Explanation 2, and the limits under section 37(2A) should not apply. However, the Tribunal found that after the insertion of Explanation 2, hospitality expenses were included in entertainment expenditure, and thus, the limits under section 37(2A) were applicable. The Tribunal also found that the advertisement expenses were primarily for charity/donation purposes, not for advertisement, and upheld the disallowance.Issue 2:The second issue revolves around the deductibility of expenditure incurred on making donations to educational institutions for the development of a playground with a signboard of the donors under section 37 of the Act. The applicant had claimed this expenditure as a deduction, but the Assessing Officer disallowed it, a decision upheld by the Commissioner of Income-tax (Appeals) and the Tribunal. The applicant argued that the amount given to the educational institution was for advertisement purposes, but the Tribunal found that the intention was primarily charitable in nature. The Tribunal also noted that the material provided to the institution was not effectively used for advertisement, as the real expenditure was on the development of a deer park, with the advertisement aspect being marginal and peripheral. As the Tribunal's findings were not specifically challenged, it was held that the Tribunal did not err in upholding the disallowance. Therefore, both questions were answered in favor of the Revenue and against the assessee, with no order as to costs.This judgment clarifies the interpretation of business expenditure under section 37 of the Income-tax Act, emphasizing the importance of distinguishing between entertainment expenses and charitable donations/advertisement expenses. The widening scope of entertainment expenditure and the specific intentions behind expenditure play a crucial role in determining deductibility.