2008 (4) TMI 460 - HC - Income Tax

Business Expenditure-Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenditure incurred towards the foreign travel of the managing director as business expenditure when no proof or records were available to claim it as a business expenditure? Commissioner (Appeals) held that there was no evidence for claiming such expenditure thus confirm the demand. Tribunal allow the claim. Held that- the matter has to be heard in detail by the Tribunal with reference to the explanation offered on February 3, 1999, and fresh findings have to be recorded. Hence, the order passed by the Tribunal is hereby set aside and the matter is remitted back to the Tribunal for fresh consideration of the explanation offered by the assessee by way of note dated February 3, 1999, and pass appropriate orders.

Summary

Issues:
1. Whether the Tribunal was correct in considering foreign travel expenses as business expenditure without proper proof or records?
2. Whether the relief granted by the Tribunal for foreign travel expenses was justified when they were not wholly and exclusively for business purposes?

Analysis:
1. The appeal pertains to the assessment year 1996-97, where the assessee declared a total income of Rs. 4,00,280 but later showed a net loss of Rs. 3,82,891 after claiming Rs. 7,71,884 as foreign travel expenses. The Assessing Officer disallowed the claim as the assessee failed to provide details linking the travel to business transactions with foreign firms. The Commissioner of Income-tax (Appeals) noted conflicting reasons for the trip and lack of evidence linking it to the appellant's manufacturing business of stabilisers. The Tribunal, however, allowed a partial claim of Rs. 6,60,000, leading to the appeal.

2. The High Court observed that the Assessing Officer did not adequately address the note filed by the assessee or the explanation provided regarding the nature of the foreign travel. The inconsistent reasoning between the Commissioner of Income-tax (Appeals) and the Tribunal raised concerns, prompting the court to set aside the Tribunal's order. Due to the need for clarity, the matter was remitted back to the Tribunal for a detailed reevaluation based on the explanation offered by the assessee on February 3, 1999. The court emphasized the importance of fresh findings to ensure justice, ultimately disposing of the appeal without costs.