TMI Blog2012 (8) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... and (5) of Section 37 is clear and was intended to exclude the expenses towards rents, repairs and also maintenance of premises/accommodation used for the purpose of any accommodation in the nature of guest house indicated in sub-section (4) of Section 37 - against assessee. - I.T.A.No.24 of 2002 - - - Dated:- 24-7-2012 - MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN, MR.JUSTICE K.VINOD CHANDRAN, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence to guest house issue/guest house expenditure? 2. Essentially the issue raised in the appeal is regarding the order of the first appellate authority, as confirmed by the Tribunal, allowing the claim of the assessee that the amounts spent for maintaining residential accommodation at Madras and Coimbatore were allowable as expenditure incurred towards payment of rent under Section 37 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Due to the conflicting decisions of the various High Courts, the said issue had engaged the attention of the Hon'ble Supreme Court in Britannia Industries Ltd. v. CIT, [2005] 278 ITR 546 (SC). The Hon'ble Supreme Court disagreed with the Bombay High Court judgment above cited and found favour with the ratio decidendi of Calcutta High Court judgments; delivered after the decision of that Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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