Kanhaiyalal Dudheria v JCIT (2019) 418 ITR 410 / 310 CTR 617 / 182 DTR 57/( 2020) 269 Taxman 170 (Karn.)(HC)

S. 37(1) : Business expenditure-Social responsibility-Agreement with State Government to construct houses for poor people affected by floods-Held to be allowable on commercial expediency.

Allowing the appeal of the assessee the Court held that the assessee was carrying on the business of iron ore and also trading in iron ore. Thus, day in and day out the assessee would be approaching the appropriate Government and its authorities for grant of permits, licences and as such the assessee in its wisdom and as a prudent business decision had entered into a memorandum of understanding with the Government of Karnataka and incurred the expenditure towards construction of houses for the needy persons, not only as a social responsibility but also keeping in mind the goodwill and benefit it would yield in the long run in earning profit which was the ultimate object of conducting business and as such, expenditure incurred by the assessee would be in the realm of business expenditure.  The amounts were deductible. (AY. 2011-12, 2012-2013)