Case Details

Citation(s)
1986 SLG 1723 1986 SLD 1723 (1986) 160 ITR 203
Karnataka High Court
CIVIL REVISION PETITION Nos. 3554 TO 3558 OF 1983 MARCH 24, 1986
K.S. PUTTASWAMY AND R.S. MAHENDRA, JJ.

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Sanghameshwar Coffee Estates Ltd.

v.

State of Karnataka

Law:

Section:

Section 5(1)(k) of the Karnataka Agricultural Income-tax Act, 1957 - Deductions - Assessee-company owned a coffee estate - Whether salary paid to poojari of temple maintained by assesses on its estate and pooja expenses thereon were permissible deductions under section 5(1)(k) - Held, no - Whether stock exchange listing fees was permissible deduction - Held, no - Whether expenditure incurred on serving food, etc., to officers of various Government departments and audit staff who visited assessee's estate could be allowed as deduction - Held, no - Whether auditor's fee for tax matters was an allowable deduction - Held, yes - Whether salary paid to teachers of school maintained on estate by assessee for benefit of children of its employees wag permissible deduction - Held, yes - Whether profession tax paid to Government under a State enactment was permissible deduction - Held, yes - Whether donations made to certain funds approved by Government were to be allowed under section 5(1)(k) Held, yes Facts The assessee-company, owning a coffee estate, claimed the following expenses as permissible deductions for the relevant assessment year : (i) salary to the pooiari of the temple maintained by the assessee and pooja expenses thereon, (ii) stock exchange listing fees, (iii)expenditure incurred on serving food and other refreshments to officers of various Government departments and audit staff, (iv) auditors' fees for tax matters, (v ) salary paid to teachers of a school maintained on the estate for the benefit of the children of the assessee's employees, (vi) professional tax paid to the Government, and (vii) donations to Cyclone Relief Fund and to Admar Mutt Educational Council. The Agrl. ITO disallowed the assessee's claim. On appeal, the Tribunal upheld the Agrl. ITO's order. On reference : Held A Hindu temple, a Muslim mosque or a Christian church are all places of worship for the followers of those religions or faiths. A company, which is only a juristic person, cannotclaim to profess, practise or follow any religion or faith. Even assuming that the assessee was an individual, then also the faith of that assessee could and would not be the faith of all the…
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