M/S. Kanhaiyalal Dudheria Navratanmal Bachhawat vs Commissioner Of Income Tax And Anr. (Rep. By Its Partner, Sri. Joint )

Authority: High Court Date: 2019-07-31 AY: 2011-12, 2012-13 Section: 10(2)(xv), 23, 36(1)(iii), 37, 37(1), 80G, 135, 143(1) Acts: Income Tax Act 1961, Companies Act 2013 Citation: (2019)105 CCH 0415 KarHC: (2019)418 ITR 0410 (Karn): (2020)269 TAXMAN 0170 (Karnataka) Justices: ARAVIND KUMAR &BELLUNKEA.S., JJ. Appeal No: I.T.A.No.100016/2018 c/w I.T.A.No.100017/2018
Whether the authorities below were justified in disallowing expenditure incurred towards construction of houses for flood-affected villagers on the ground that it was not allowable under Section 37 of the Income Tax Act, 1961, despite an MOU with the Government of Karnataka --- Held: No, the expenditure qualifies as business expenditure under Section 37(1) based on commercial expediency.

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