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of <h1>Tribunal allows appeal for club services expenses, emphasizing need for clear business purpose.</h1> <h3>M/s ISGEC Heavy Engineering Ltd. Versus The DCIT Circle, Yamuna Nagar</h3> M/s ISGEC Heavy Engineering Ltd. Versus The DCIT Circle, Yamuna Nagar - [2020] 83 ITR (Trib) 426 (ITAT [Chand]) Issues:- Disallowance of expenses incurred for club services and facilities used for business promotion.Analysis:1. The assessee appealed against the order of the Ld. CIT(A) upholding the disallowance of Rs. 1,67,060 incurred for club services and facilities used for business promotion.2. The A.O. disallowed the expenses under section 37(1) of the Income Tax Act, considering them personal in nature.3. The Ld. CIT(A) sustained the disallowance stating that the nature of the expenses was not verified, as no detailed explanation was provided, and the auditor classified them as personal.4. The assessee contended that similar disallowances were deleted in previous years by the Ld. CIT(A), citing relevant case laws supporting the deductibility of such expenses for business promotion.5. The assessee detailed the expenses incurred for club membership fees, arguing they were allowable business expenditures under section 37(1) based on the total turnover and previous rulings.6. The Tribunal referred to previous instances where similar disallowances were deleted by the Ld. CIT(A) and cited relevant case laws, including judgments of the Hon'ble Supreme Court, to support the deductibility of club membership fees for business purposes.7. Following the precedent set by the Hon'ble Apex Court and considering the purpose of the expenses, the Tribunal allowed the appeal, deleting the disallowance made by the A.O. and sustained by the Ld. CIT(A).This judgment highlights the importance of providing detailed explanations and supporting evidence for expenses claimed as business expenditures, especially when faced with disallowances. It emphasizes the need to establish a clear business purpose for such expenses to ensure their deductibility under the Income Tax Act.
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