This judgment is on
the same line as the judgment of Hon'ble Delhi High Court rendered in the
case of Commissioner of Income-tax Vs Samtel Color Ltd. (Supra) and the
basis of decision is the same that the club membership only facilitates
smooth and efficient running of a business enterprise and does not add to
the profit earning apparatus of a business enterprise. For the same reason
for which it was held by us that this decision of Hon'ble Delhi High Court is
not applicable, this Tribunal decision is also not applicable.
13. We have heard the rival s ubmissions. The issue is squarely covered in
favour of the assess ee and against the Revenue by the decision of Hon'ble
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Delhi High Court in the case of CIT v Samtel Colour Ltd now reported in
(2010) 326 ITR 425 (Del.), wherein it has been held that the admission fee
paid towards corporate membership was an expenditure incurred wholly and
exclusively for the purposes of business and not towards capital account as it
only facilitated the smooth and efficient running of a busines s enterprise and
did not add to the profit earning apparatus of a business enterprise.
Respectfully following the decision of Hon'ble Delhi High Court (supra), we
do not see any merit in this ground of appeal. Accordingly we dismiss
ground No.2 of the Revenue's appeal.
AY 2001-02
Corporation Ltd., 209 ITR 649 in which the lump sum entrance fees paid towards
membership of the club has been held to be revenue expenditure. Similar view has
also been taken in the case of CIT vs. Samtel Color Ltd. 180 Taxman 82 (Del)
wherein the Hon'ble Delhi High Court has allowed the expenditure holding that the
admission fee paid towards corporate membership was an expenditure incurred
wholly and exclusively for the purpose of business and not towards capital account as
it only facilitated smooth and efficient running of the business enterprise and did not
add to profit earning apparatus of the business enterprise.
55. Further, we note that in the case of Commissioner of Income
Tax Vs. Samtel Colour Ltd. (supra), the Hon'ble Jurisdictional
High Court High Court followed the ratio of the judgment of
Hon'ble Delhi High Court in the case of CIT Vs. Nestle India Ltd.
(supra) and Hon'ble Bombay High Court in the case of Otis
Elevator Company India Ltd. Vs. CIT (1992) 195 ITR 682 and held
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that the admission fee paid toward corporate membership is an
expenditure incurred wholly and exclusively for the purpose of
business and not a capital expenditure . It has only facilitated
smooth and efficient running of the business enterprises and did
not add to profit earning apparatus of the business enterprise.