2010 (6) TMI 810 - AT - Income Tax

Summary

Issues involved: Appeal against deletion of addition on account of capital expenditure and disallowance of expenditure for a business trip to Pakistan.

Capital Expenditure Issue:
The Revenue appealed against the deletion of an addition of Rs. 3,26,701 made on account of capital expenditure for renovation of a factory building. The Assessing Officer disallowed the deduction under section 31(i) of the Act, stating it was not in the nature of current repair. The Commissioner of Income Tax(Appeals) allowed the deduction, noting it was a revenue expenditure. The Tribunal held that the expenditure, not being capital in nature, could be allowed as a deduction under section 37(1) of the Act if other conditions were met. Referring to relevant provisions and case law, the Tribunal upheld the Commissioner's decision, dismissing the Revenue's appeal.

Business Trip Expenditure Issue:
The Revenue challenged the deletion of an addition of Rs. 2,94,570 for disallowance of expenditure on a business trip to Pakistan. The Assessing Officer disallowed the deduction, claiming the trip was not exclusively for business purposes. The Commissioner of Income Tax(Appeals) found the explanation provided plausible and deleted the addition. The Tribunal noted that no evidence was presented to show the trip was for non-business purposes. It held that lack of prior business relations in a country does not render a business trip non-deductible. Consequently, the Tribunal dismissed the Revenue's appeal, upholding the Commissioner's decision.

In conclusion, the Tribunal dismissed the Revenue's appeal against both issues, upholding the decisions of the Commissioner of Income Tax(Appeals) in both instances.