The Tax Publishers2020 TaxPub(DT) 4701 (Mad-HC)

INCOME TAX ACT, 1961

Section 37(1)

In assessee's own case for earlier assessment year, the Tribunal remanded the issue of allowability of social community welfare expenses to AO for fresh adjudication on the touchstone of commercial expediency, in view of the same; the Tribunal was justified in remanding the matter to the AO to adjudicate the instant issue of allowability of social community welfare expenses by applying the test of commercial expediency.

Business expnditure - Allowabili ty - Social communi ty welfare expenses -

AO made disallowance of social community welfare expenses. However, Tribunal remanded the matter to the AO to adjudicate the issue of allowability of the expenditure applying the test of commercial expediency. Aggrieved, Revenue was in appeal. Held: In assessee's own case for earlier assessment year, the Tribunal remanded the issue of allowability of social community welfare expenses to AO for fresh adjudication on the touchstone of commercial expediency. Therefore, in instant case, the Tribunal was justified in remanding the matter to the AO to adjudicate the issue of allowability of social community welfare expenses by applying the test of commercial expediency.

REFERRED :

FAVOUR : Matter remanded

A.Y. : 2009-10


INCOME TAX ACT, 1961

Section 37(1)

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