2019 (1) TMI 50 - AT - Income Tax

Allowable business expenditure - Disallowance of foreign travel expenditure relating to its director s son - Held that - Assessee s case throughout has seen that it had incurred the impugned expenditure for Shri Kejriwal as a management trading wholly and exclusively for the purpose of its business allowable as deduction u/s 37 of the Act. We find this issue to be no more res integra as a co-ordinate bench s decision in assessee s case itself for assessment year 2011-12 2018 (2) TMI 1818 - ITAT KOLKATA - decided in favour of assessee

Summary

Issues:
1. Disallowance of foreign travel expenditure claim
2. Computation of agricultural income for book profits under section 115JB

Issue 1: Disallowance of foreign travel expenditure claim
The assessee challenged the disallowance of foreign travel expenditure claim of &8377; 32,33,865 relating to its director's son, arguing it was incurred wholly and exclusively for the business purpose and allowable as deduction under section 37 of the Income Tax Act. The Assessing Officer (AO) disallowed the expenses, stating that the director's son was not associated with the company during the relevant previous year and had not rendered any service. The CIT(A) upheld the disallowance, stating that the expenses had no business connection, and dismissed the appeal. However, the Tribunal referred to a decision of the Hon'ble Calcutta High Court, which held that any expenditure on training and education, if contributing to the business activities after completion of the study, should be treated as business expenditure. The Tribunal found no distinction in facts or law for the two assessment years and accepted the assessee's claim for the foreign travel expenditure, directing the disallowance to be deleted.

Issue 2: Computation of agricultural income for book profits under section 115JB
The assessee's second substantive ground related to the computation of agricultural income for book profits under section 115JB. The assessee contended that the lower authorities erred in reducing its agricultural income computed under Income Tax Rules instead of reducing it at 60% in the profit and loss account under the Companies Act. However, during the proceedings, the assessee decided not to press this substantive ground, and the Tribunal appreciated this fair stand. Consequently, the Tribunal declined to consider the latter substantive ground as not pressed. As a result, the assessee's appeal was partly allowed based on the acceptance of the foreign travel expenditure claim and the withdrawal of the second substantive ground.

In conclusion, the Tribunal allowed the assessee's appeal partly, accepting the claim for foreign travel expenditure and disregarding the second substantive ground related to the computation of agricultural income for book profits under section 115JB. The judgment provided detailed reasoning for the decision on each issue, citing relevant legal provisions and precedents to support the conclusions reached by the Tribunal.