2018 (3) TMI 1653 - AT - Income Tax

Adhoc disallowance of Telephone and car expenses - expenses incurred for personal use of the assessee - Held that - We find merit in the contention of assessee that no disallowance on account of personal use of car and telephone expenses can be made in the case of company assesses that too on an adhoc basis. The reliance placed by the assessee on the case of CIT Vs. Dinesh Mills Ltd. (2005 (1) TMI 699 - GUJARAT HIGH COURT) wherein it has been categorically held that no personal use of car or telephone expenses can be attributed to company assessee and therefore cannot form the basis for disallowing the expenses. This proposition has been reiterated in a number of other decisions also as pointed out by the Ld. Counsel for the assessee. DR has not brought to our notice any contrary decision in this regard. In view of the above we delete the disallowance made of 1/6th of telephone and car expenses incurred by the assessee amounting to 46, 514/- 1, 91, 275/- respectively.

Summary

Issues:
Adhoc disallowance of Telephone and car expenses for personal use by the assessee.

Analysis:
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) related to the assessment year 2010-11. The primary issue raised in the appeal was the adhoc disallowance of Telephone and car expenses on the grounds that they were incurred for personal use by the assessee. The Assessing Officer disallowed 1/6th of the Telephone expenses and car expenses as no log book had been maintained, raising the possibility of personal use. The Commissioner of Income Tax (Appeals) upheld the disallowance made by the Assessing Officer.

During the proceedings, the counsel for the assessee argued that as the assessee was a company, no personal use of any asset could be attributed to it. The counsel relied on various decisions to support this contention. The Departmental Representative supported the order of the Commissioner of Income Tax (Appeals).

After hearing both parties, the Tribunal found merit in the contention of the counsel for the assessee. The Tribunal referred to the decision of the Hon'ble Gujarat High Court, which held that no personal use of car or telephone expenses could be attributed to a company assessee. The Tribunal noted that no disallowance on an adhoc basis could be made for personal use of car and telephone expenses for company assesses. As no contrary decision was presented by the Departmental Representative, the Tribunal deleted the disallowance made on the Telephone and car expenses incurred by the assessee.

Consequently, the Tribunal allowed the appeal of the assessee, and the disallowance of 1/6th of telephone and car expenses was removed.