2010 (4) TMI 1135 - AT - Income Tax

Summary

Issues involved: Revenue's appeal against Ld CIT(A)'s order for assessment year 2004-05.

Issue 1 - Foreign Traveling Expenses:
The Assessing Officer disallowed a portion of foreign traveling expenses claimed by the assessee, stating that 25% of hotel boarding and lodging expenses were incurred for non-business purposes. However, the Ld CIT(A) deleted this disallowance based on evidence provided by the assessee, including emails to customers abroad and future sales transactions, concluding that the expenses were indeed for business purposes.

Issue 2 - Telephone, Vehicle Maintenance Expenses:
The Assessing Officer disallowed a portion of telephone expenses and vehicle maintenance expenses, citing lack of log books to prove business use. Additionally, depreciation on car expenses was also partially disallowed. The Ld CIT(A) overturned these disallowances, emphasizing that the company, as a separate juristic entity, could not have personal use of the vehicle and telephone, and no specific instances of non-business use were pointed out.

Issue 3 - Sales Promotion Expenses:
The Assessing Officer disallowed a portion of sales promotion expenses, suspecting un-vouched personal ledger expenses. However, the Ld CIT(A) found that all details were provided during assessment proceedings, and no specific instances of non-business use were identified. Therefore, the adhoc disallowance was deemed unsustainable.

In conclusion, the Appellate Tribunal upheld the Ld CIT(A)'s decision to delete the disallowances on all three issues, as the Assessing Officer failed to provide sufficient evidence to justify the partial disallowances. The appeal of the revenue was dismissed.