2011 (1) TMI 1358 - AT - Income Tax

Summary

Issues Involved:
The judgment involves challenges against the correctness of the CIT(A)'s order for the assessment year 2004-05 regarding partial disallowance of costume and make up expenses, and adhoc disallowance on conveyance and staff welfare expenses.

Costume and Make Up Expenses:
The appellant, a film actress and model, claimed a tax deduction for expenses on costume and make up. The Assessing Officer disallowed 15% of these expenses citing a personal element in the expenditure. The CIT(A) upheld the disallowance stating that there are reasonable grounds for disallowance as personal elements cannot be ruled out entirely. However, the Tribunal held that once the expenses are accepted as incurred wholly and exclusively for professional purposes, they cannot be treated as personal expenses. The Tribunal noted that all supporting evidence was furnished, and since no specific infirmity was found, the disallowance was unjustified. Therefore, the Tribunal directed the Assessing Officer to delete the disallowance.

Conveyance and Staff Welfare Expenses:
The appellant raised a grievance against adhoc disallowance on conveyance and staff welfare expenses. The disallowance was made based on the assumption that personal expenses could not be ruled out. The Tribunal disagreed with this approach, stating that when expenses are supported by evidence and no specific infirmity is found, they should be allowed. Therefore, the Tribunal directed the Assessing Officer to delete the disallowance to the extent of conveyance and staff welfare expenses.

Conclusion:
The Tribunal partly allowed the appeal, directing the Assessing Officer to delete the disallowances on costume and make up expenses, conveyance expenses, and staff welfare expenses. The judgment was pronounced on 28th January, 2011.