K. Chandrashekar Praskash v. ACIT (2023) 455 ITR 751 / 291 Taxman 217 (Karn)(HC)

S. 37(1) : Business expenditure-Business development-Cash expenses-Genuineness of vouchers was not in dispute-Assessing Officer could not sit in arm chair of a businessman and decide what expenditure was expedient-Assessee was entitled for deduction.

Assessee incurred a sum of Rs. 3 lacs in cash towards business development and claimed as allowable business expenditure.  Assessing Officer disallowed expenditure on ground that assessee had not satisfactorily explained business expediency. Appellate authorities upheld disallowance. On appeal the Court held that the  Assessing Officer could not sit in arm chair of a businessman and decide what expenditure was expedient and it was for an assessee to decide from time to time expenditure that he found it expedient to make in order to promote business. Since genuineness of vouchers was not in dispute, assessee was entitled for deduction of expenditure incurred towards business development. Followed, S.A.Builders Ltd v. CIT(A) (2007) 288 ITR 1 (SC)  (AY. 2012-13)