2002 (9) TMI 40 - HC - Income Tax

Whether, on the facts and in the circumstances of the case (i) the expenditure incurred on the foreign travel of the wives of the directors is an allowable deduction ? (ii) should not the Tribunal have considered the claim independently and on merits ? - we are satisfied that the Tribunal has not given reasons with regard to the travelling expenses of the wives of the directors. Mere statement that the travelling expenses incurred by the wives of the directors were considered to be admissible expenses does not mean that this is not personal expenditure. The assessee has to prove that it is not to be treated as personal expenditure. Since, we do not find any reasons stated, according to us, the matter has to be considered by the Tribunal again - case is remanded

Summary

Issues:
1. Allowability of foreign travel expenses of wives of directors as a deduction.
2. Tribunal's consideration of the claim independently and on merits.

Analysis:
1. The case involved a claim for the allowance of foreign travel expenses of the wives of directors. The Assessing Officer disallowed the claim, stating that the expenditure was not incurred wholly and exclusively for the purpose of the business. The assessee relied on decisions from the Income-tax Appellate Tribunal and the appellate authority allowed the claim based on those precedents. However, the Tribunal was urged to reconsider the allowance. The Gujarat High Court had previously ruled that the need for a managing director's wife to attend to his health or dietary preferences did not entitle the company to claim such expenses as business expenses. Similarly, a Division Bench held that travel undertaken by the wife of a senior executive for business purposes could be considered an allowable deduction. The High Court found that the Tribunal had not provided sufficient reasoning for considering the wives' travel expenses as admissible business expenses. It was emphasized that the burden was on the assessee to prove that the expenses were not personal in nature. As a result, the High Court set aside the Tribunal's finding and remanded the case for further consideration.

2. The Tribunal's decision to allow the claim for foreign travel expenses of the directors' wives was challenged on the grounds of lack of reasoning and explanation for treating the expenses as business-related. The High Court highlighted the necessity for the assessee to demonstrate that the expenses were not personal in nature. The Tribunal's failure to provide detailed reasons led to the decision being set aside for reconsideration. The case was remanded to the Tribunal for a fresh determination based on the requirement for clear justification regarding the nature of the expenses claimed. The High Court emphasized the importance of establishing the business purpose of such expenses to qualify for deduction, as demonstrated in previous legal precedents cited during the proceedings.

This detailed analysis of the judgment addresses the issues involved comprehensively, focusing on the allowability of foreign travel expenses of directors' wives and the Tribunal's duty to consider claims independently and on merits with proper reasoning.