Legal Reference Library

Mr. Zameer Moon Versus The DCIT 12 (2) , Mumbai Disallowance of Club Membership Fees - Held that:- . On going through the order of the Ld. CIT(A), it is very clear that the expenses/club membership fee paid by the assessee cannot be allowed as business expenditure as it was not incurred wholly and exclusively for the purpose of business. The assessee could not prove with evidences that the amounts paid for club membership fee was incurred for the purpose of the business. None of the findings of the Ld. CIT(A) have been rebutted with evidences and therefore there is no valid reason to interfere with the findings/decision of the Ld. CIT(A) in upholding the disallowance made by the Assessing Officer. - Decided against assessee Article referred: Tax Management India.com

Interest paid by a company on borrowings from banks to advance money to its own subsidiary is 'business expenditure' on which tax deduction can be claimed, the Supreme Court has ruled in its judgment, Hero Cycles Ltd vs CIT. In this case, the company which was the promoter of Hero Fibres Ltd, took loans and paid interest on it. The money was paid to the sister concern due to business expediency in view of an undertaking given to financial institutions that it would provide additional margin to meet working capital for meeting any cash losses. When the company claimed deduction on it as business expenditure, the revenue authorities denied it. The company moved the Punjab and Haryana High Court but it dismissed the appeal maintaining that when loans were taken from banks at which interest was paid for purposes of business, the interest component could not be claimed as business expenditure. The company moved the Supreme Court. Allowing its appeal, the apex court gave a wider mean...