National Refinery Pvt. Ltd. v. ACIT (2019) CTCJ-December-P. 153 (Bom.)(HC)

S. 37(1) : Business expenditure–Legal expenses incurred to protect the directors for complaint filed against them in individual capacity –Not allowable as business expenditure.

Dismissing the appeal of the assessee the Court held that the Company was no way involved in the legal proceedings taken against the Directors / shareholders in their individual capacities. Accordingly the Tribunal is right in holding that legal expenses incurred to protect the directors for complaint filed against them in individual capacity is not allowable as business expenditure. (ITA No. 1166 to 1172 dt 6-11-2019) (AY. 2005-06 to 2009-10)