2013 (3) TMI 593 - AT - Income Tax

Disallowance of expenditure - Travelling expenses incurred by the wife of assessee - Held that - Assessee had furnished on record a certificate of the diamonds institution under which Ms. Monika Gupta had undergone the course in polished diamonds and holds a diploma in jewellery technique. Further details of foreign travelling expenses undertook by Ms. Monika Gupta including the foreign exchange purchased by her are enlisted at page 74 of the paper book. In the totality of the facts and circumstances of the case where the wife of the assessee is qualified and had visited different places in lieu of the business undertaken by the sole proprietary concern of the husband we find no merit in the orders of the authorities below in disallowing the said expenditure. The expenditure having been incurred for the purpose of business of the assessee is to be allowed as a deduction. Assessing Officer noted that the car in respect of which the expenditure was debited to the sole proprietary concern of the assessee belongs to the firm M/s. Windsor Exports in which he was a managing partner. The assessee failed to produce any evidence in respect of use of the said car for business purpose of proprietary concern. Accordingly the said disallowance of 58, 696 was made by the Assessing Officer which was confirmed by the Commissioner of Income-tax (Appeals). The same is upheld - Decided partly in favour of assessee.

Summary

Issues involved:
Disallowed expenditure on domestic and foreign traveling by the wife of the assessee, Disallowed car expenses for business purposes.

Analysis:

Issue 1: Disallowed expenditure on domestic and foreign traveling by the wife of the assessee
The appeal pertains to the disallowance of expenditure on traveling by the wife of the assessee. The Assessing Officer disallowed a total of Rs. 2,27,275 incurred on domestic and foreign traveling by the wife due to lack of evidence of her involvement in the business affairs. The Commissioner of Income-tax (Appeals) upheld this decision. However, the ITAT Chandigarh found that the wife of the assessee, who was qualified in diamond-related courses, had undertaken the trips in connection with the business of the sole proprietary concern. The ITAT observed that the wife's involvement was justified as the items of diamond were precious and costly, and she accompanied an employee on business trips. Considering these facts, the ITAT directed the Assessing Officer to delete the addition of Rs. 2,27,275 as it was incurred for the purpose of the business and hence allowable as a deduction. Grounds 1 to 5 raised by the assessee were allowed in this regard.

Issue 2: Disallowed car expenses for business purposes
The Assessing Officer disallowed Rs. 58,696 as car expenses debited to the sole proprietary concern of the assessee, as the car belonged to another firm in which the assessee was a managing partner. The assessee failed to provide evidence of the car's usage for the business purpose of the proprietary concern. This disallowance was confirmed by the Commissioner of Income-tax (Appeals). The ITAT noted that the assessee did not produce any evidence, such as a logbook, to establish the usage of the car for the sole proprietary business. Consequently, in the absence of such evidence, the ITAT upheld the disallowance of Rs. 58,696. Grounds 6 and 7 raised by the assessee regarding this issue were dismissed.

In conclusion, the ITAT partly allowed the appeal of the assessee, directing the deletion of the disallowed traveling expenses incurred by the wife of the assessee for business purposes but upholding the disallowance of car expenses due to lack of evidence of business usage.