2017 (4) TMI 807 - AT - Income Tax

Disallowance out of travel expenditure - Held that - As decided in the assessee s own case for A.Y. 2009-10 a notice was issued by the AO, but no plausible explanation was tendered by the assessee. Moreover it is incumbent upon the assessee to prove this fact that the said expenditure was incurred upon the employee or incurred for business purpose. Therefore, in such circumstances, the AO has rightly declined the said travelling expenses being not incurred upon the employees of the assessee firm, which has subsequently been confirmed by the learned CIT(A). - Decided against assessee. Set off of Business Loss against LTCG - Held that - We find that identical issue of set off of business loss against capital gains (whether STCG or LTCG) was considered by the Coordinate Bench in its order in the case of Sumaria Appliance Pvt. Ltd. 2014 (9) TMI 353 - ITAT MUMBAI and it was held that the assessee had no option to carry forward business loss to subsequent years without setting off of the same against capital gains arising during the year.- Decided against assessee.

Summary

Issues Involved:
1. Disallowance of travel expenditure of ?6,78,893.
2. Set off of business loss against LTCG under section 71(2) of the Income Tax Act, 1961.

Issue 1: Disallowance of Travel Expenditure of ?6,78,893:
The appellant, engaged in the manufacture of scientific and chemical engineering equipment, filed its return for A.Y. 2010-11 with a declared loss. The assessment under section 143(3) determined the loss differently. The appellant challenged the disallowance of travel expenses and the adjustment of long term capital gains against business loss before the CIT(A)-13, who dismissed the appeal. The appellant then appealed, arguing the expenses were wholly for business purposes. However, a Coordinate Bench decision for A.Y. 2009-10 involving similar travel expenses ruled against the appellant. The Tribunal found no merit in the appellant's contentions, citing the Coordinate Bench's decision, and dismissed the appeal on the disallowance of travel expenses.

Issue 2: Set off of Business Loss against LTCG:
The appellant contested the CIT(A)'s decision to set off business loss against LTCG under section 71(2) of the Act. The appellant acknowledged a Coordinate Bench decision in a different case that ruled against a similar claim. The Tribunal examined the provisions of section 71(2) and referenced the Coordinate Bench's decision in the case of Sumaria Appliances Pvt. Ltd. The Tribunal held that the appellant had no option to carry forward business loss without setting it off against capital gains, as per the clear language of the provision. The Tribunal dismissed the appeal on this ground, aligning with the Coordinate Bench's interpretation. Consequently, the Tribunal upheld the CIT(A)'s decision on the set off of business loss against LTCG.

In conclusion, the Tribunal dismissed the appellant's appeal for A.Y. 2010-11, upholding the disallowance of travel expenses and the set off of business loss against LTCG as per the provisions of section 71(2) of the Income Tax Act, 1961.