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2013 (7) TMI 657 - HC - Income TaxDeduction u/s 37 - Expenditure done for advertising Rasna - Tribunal deleted disallowance u/s 37 - Held that:- While examining a claim for deduction under section 37 of the Act, what has to be seen is whether the expenditure had been incurred wholly and exclusively for the purpose of the assessees business and whether it falls under any of the exceptions carved out under sub-section (2B) - Once it is found that the expenditure had been incurred by the assessee for publicity or advertisement, it is not for the department to consider what commercial expediency justified such expenditure - The mere fact that on account of the expenditure incurred by the assessee wholly and exclusively for its own business, incidentally some third party is also benefited is no ground to disallow any part of such expenditure - No part of the said expenditure was expended for any purpose other than for the assessees business - Following decision of Commissioner of Income-tax, Bombay City I v. Maharashtra Sugar Mills Ltd. [1971 (8) TMI 14 - SUPREME Court] - Decided against Revenue.
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