Itxa/801/2011 Of Commissioner Of Income Tax - 2 v. Anand Automotive Systems Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1250 OF 2010 Commissioner of Income Tax-2V/s.Anand Automotive Systems Ltd., ..... Appellants ..... Respondents ---- Mr.H.D.Pandey for the appellants. Mr.N.Thakkar i/by Mint & Confreres for the respondents. ---- CORAM : J.P.DEVADHAR & MRS.MRIDULA BHATKAR, JJ. DATE :8/2/ 2011 P.C. 1.Under Section 37(4) of the Income Tax Act 1961 as it stood at the time relevant to A.Y.1997-98, deduction of expenditure incurred on the guest house was not available if the guest house was not maintained with a view to earn income. If the guest house was a source of income then the the deduction was allowable, provided the assessee establishes that the expenses were genuinely incurred to maintain the guest house. In the present case, Tribunal has remanded the matter back to the file of A.O to ascertain whether the guest house was maintained to earn income or not and if the guest house was a source of income, then to find out as to whether the expenditure was genuinely incurred for maintaining the guest house. 2In these circumstances, decision of the Tribunal does not give rise to any question of law. Appeal is dismissed. (MRS.MRIDULA BHATKAR,J) (J.P.DEVADHAR,J)