2015 (1) TMI 610 - HC - Income Tax

Foreign travel expenses incurred towards the wife of the partner - whether allowable expenditure? - Held that - As per the partnership deed, the wife of the assessee was one of the partner of the firm. Hence, the Tribunal was justified in granting the benefit to the assessee on the basis of the partnership deed. We find no reason to discredit the finding of fact, more so, after perusing the assessment order passed under Section 143(3) read with Section 147 of the Income Tax Act, which contains no reason as to why it should not be treated as business income. The mere ipse dixit of the Officer is not a ground to deny the claim made by the assessee. Hence, the expenses incurred towards foreign travel of the wife of the partner along with other persons should be treated as expenditure incurred wholly and exclusively for the purpose of the business. - Decided in favour of assessee.

Summary

Issues:
1. Allowability of foreign travel expenses incurred towards the wife of the partner as a deduction.
2. Allowability of foreign travel expenses incurred towards individuals without a proven business connection.

Analysis:

Issue 1:
The respondent, a partnership firm engaged in manufacturing leather shoe uppers, filed returns for the assessment years 2005-06 and 2007-08. The Assessing Officer disallowed foreign travel expenses spent on the partner's wife and others, stating lack of satisfaction with the explanation provided. The Commissioner of Income Tax (Appeals) upheld the disallowance, emphasizing the personal nature of the expenses and the absence of a business connection with the partner's wife. However, the Income Tax Appellate Tribunal found that the partner's wife was a founding partner as per the partnership deed, justifying the expenses as wholly and exclusively for business purposes. The High Court concurred, highlighting the partnership deed's relevance and dismissing the Revenue's appeal, as the expenses were legitimate business expenditures.

Issue 2:
Regarding foreign travel expenses incurred towards individuals without a proven business connection, the Tribunal noted the firm's importer/exporter status and the partner's role in business activities. The Tribunal deemed the expenses wholly and exclusively for business purposes, as supported by the partnership deed. The Revenue argued against the business connection, citing a previous court decision. However, the High Court distinguished the case law, emphasizing the partner's official capacity within the firm, which justified the expenses as legitimate business expenditures. Consequently, the Court dismissed the Revenue's appeal, affirming the Tribunal's decision on the allowability of the expenses.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing the importance of the partnership deed in establishing the legitimacy of foreign travel expenses and rejecting the Revenue's challenge. The judgment clarified the distinction between personal and business-related expenses, ultimately affirming the allowability of the claimed deductions.