1995 (5) TMI 2 - SC - Income Tax

Supreme Court: Meals for Customers Not Entertainment Expenses

Commissioner of Income-Tax Versus Patel Brothers And Co. Limited. And Others

The Supreme Court held that expenditure on providing ordinary meals to customers did not constitute 'entertainment expenditure' under section 37(2A) of ... Deduction of expenditure incurred in providing ordinary meals and refreshments to outstation customers according to the customary hospitality and trade usage satisfying the general test of commercial expediency - prior to April 1, 1976 impugned expenditure cannot be termed as entertainment expenditure - because explanation 2 to s. 37(2A) is not clarificatory and is applicable only w.e.f. 1/4/1976 Issues Involved:1. Meaning of 'entertainment expenditure' under section 37(2A) of the Income-tax Act, 1961.2. Applicability of Explanation 2 to section 37(2A) retrospectively from April 1, 1976.3. Deduction of expenditure incurred on providing ordinary meals to customers as business expenditure.4. Conflict in judicial decisions across various High Courts regarding the interpretation of 'entertainment expenditure.'Issue-wise Detailed Analysis:1. Meaning of 'entertainment expenditure' under section 37(2A) of the Income-tax Act, 1961:The core question was whether the expenditure on providing ordinary meals to customers constituted 'entertainment expenditure' under section 37(2A). The Supreme Court noted that 'entertainment expenditure' should be construed strictly and not expansively. The term 'entertainment' generally connotes something beneficial for mental or physical well-being but not essential or indispensable for human existence. The court emphasized that ordinary meals, being a bare necessity, do not qualify as 'entertainment.' Instead, such expenses are considered hospitality unless the definition is expanded to include hospitality, which was done by Explanation 2 inserted later.2. Applicability of Explanation 2 to section 37(2A) retrospectively from April 1, 1976:The court examined whether Explanation 2, which was inserted by the Finance Act, 1983, with retrospective effect from April 1, 1976, should apply to the assessment years in question (1969-70, 1970-71, and 1971-72). The court concluded that Explanation 2, which widened the scope of 'entertainment expenditure' to include hospitality, was not applicable to periods before April 1, 1976. The court reasoned that if Explanation 2 were merely clarificatory, it would not have been restricted to apply only from April 1, 1976. Therefore, the court held that the provision must be construed without the aid of Explanation 2 for the relevant assessment years.3. Deduction of expenditure incurred on providing ordinary meals to customers as business expenditure:The assessee claimed deductions for kitchen expenses incurred in providing meals to employees and customers. The Income-tax Officer partially disallowed these expenses, treating them as 'entertainment expenditure.' However, the Appellate Assistant Commissioner and the Tribunal allowed the deductions, finding that the meals were a bare necessity for the business. The Supreme Court upheld this view, stating that the expenditure on ordinary meals, being essential for business and customary trade usage, did not constitute 'entertainment expenditure' under section 37(2A) for the period before April 1, 1976.4. Conflict in judicial decisions across various High Courts regarding the interpretation of 'entertainment expenditure':The court acknowledged the conflicting decisions of various High Courts on this issue. High Courts in Gujarat, Andhra Pradesh, Rajasthan, Madhya Pradesh, and Karnataka had ruled in favor of the assessee, while High Courts in Allahabad, Punjab and Haryana, Patna, and Kerala had ruled in favor of the Revenue. The Supreme Court reviewed these decisions, particularly focusing on the Gujarat High Court's decision in CIT v. Patel Brothers and Co. Ltd. and the Allahabad High Court's decision in Brij Raman Dass and Sons v. CIT. The court endorsed the Gujarat High Court's view that ordinary meals provided to customers as a business necessity did not constitute 'entertainment expenditure.' Consequently, the court overruled the contrary decisions, including the Allahabad High Court's ruling.Conclusion:The Supreme Court concluded that the expenditure incurred by the assessees in providing ordinary meals to outstation customers according to established business practice was a permissible deduction under section 37(2A) for the period prior to April 1, 1976. The court decided in favor of the assessees and against the Revenue, allowing the assessees' appeals and dismissing the Revenue's appeals, special leave petitions, and tax references.