Local puja and festival committees donations allowed as business expenditure as those contributions were paid to avoid confrontation and to smooth running of the business.
ABCAUS Case Law Citation:
ABCAUS 2057 (2017) (09) ITAT
Assessment Year : 2011-12
Brief Facts of the Case:
The assessee had claimed expenses under the head “Donation & Subscription”. The Assessing Officer (AO) was of the opinion that these expenses were not supported by any receipt or 80G certificate, therefore, he disallowed the entire expenses claimed on that behalf.
The CIT(A) confirmed the addition made by the AO.
Contention of the appellant assessee:
The assessee contended that the expenses incurred under the head “Donation & Subscription” comprised of subscription to different organizations for puja and social activities. According to assessee, in order to run the business peacefully it is unavoidable necessity to contribute to local religious festivals and social activities. Since the assessee company is engaged in the business of cold storage and to have good relationship with the local residents, the subscription was thus a business necessity.
Observations made by the Tribunal:
The Tribunal noted that the assessee had filed the evidence in the form of copy of ledger and evidence of donation and subscription before the AO which. The ledger in respect to donation and subscription had been supported by the bills of each expenditure.
It was also noted that the subscription and donation was given by the assessee to various organizations to avoid confrontation and to smooth running of its business and, therefore, the ITAT opined that the expenses incurred by the assessee under the head subscription and donation were incidental to assessee’s business and were allowable as business expenditure.
The ITAT observed that this view had been upheld by the High Court wherein it has been held at page 890 that contribution to local puja and festival committees or organizations to avoid confrontation and for smooth running of its business are allowable as business expenditure.
Held:
The Tribunal allowed the expenditure.
When quantum appeal stands restored to the AO, penalty can not be levied u/s 221(1) of the Income Tax Act…
Even if, the assessee is engaged in the bogus purchases, the entire purchases cannot be disallowed - ITAT In a…
Order to stock broker through WhatsApp may be considered as legally verifiable record - SEBI SEBI in an informal guidance…
ICAI Guidance Note on Audit of Banks 2026 Edition ICAI has issued 2025 edition of the Guidance Note on Audit…
NHIDCL is hiring CA/CMA and others as Young Professionals – Last date to apply is 14.04.2026 The National Highways and…
Income Tax Rules 2026 notified by CBDT. CBDT has issued Notification No. 22/2026 dated 20.03.2026 to notify the Income-tax Rules,…