2009 (10) TMI 924 - HC - Income Tax

Summary

Issues Involved: The appeal under Section 260A of the Income Tax Act, 1961 was filed against the order of the Income Tax Appellate Tribunal regarding various substantial questions of law related to foreign travel expenses, commission paid to Managing Director (MD) and executives, personal use of car and telephones, duty draw back, provision for retrenched employees' salary, and sale of scrap for the assessment year 1994-95.

1. Foreign Travel Expenses: The Assessing Officer disallowed the claim for foreign travel expenses of the MD and his wife. The CIT (A) partly upheld the claim but disallowed the expenses related to the MD's wife. The Tribunal affirmed this decision.

2. Commission Paid to MD and Executives: The Assessing Officer disallowed the deduction of commission paid to the MD and executives. The CIT (A) upheld the claim to the extent of 50%, and the Tribunal allowed the claim in full.

3. Use of Car and Telephones: The Assessing Officer disallowed the claim for the use of car and telephones, stating it was for personal use. The CIT (A) partly upheld the claim where expenses had a business purpose nexus, and the Tribunal allowed the claim in full.

4. Writing Off Duty Draw Back: The Assessing Officer did not accept the writing off of duty draw back due to a pending writ petition. However, the CIT (A) upheld the writing off, which was affirmed by the Tribunal.

5. Provision for Retrenched Employees' Salary: The Assessing Officer disallowed the provision made for retrenched employees' salary, but the claim was upheld by the CIT (A) and the Tribunal.

6. Sale of Scrap: The Assessing Officer held that income from the sale of scrap should be added to the turnover. However, the CIT (A) and the Tribunal agreed with the assessee that the scrap was not related to manufacturing or export turnover.

Judgment: The High Court dismissed the appeal, stating that the proposed questions were not substantial questions of law based on the arguments presented by both parties. The Court found no merit in the revenue's objections to the various claims made by the assessee, and therefore, the appeal was dismissed.