2012 (5) TMI 52 - AT - Income Tax

Confirmation of foreign travel expenses Held that - As copies of affidavits were not filed before lower authorities and there is no application having been filed before Ld.CIT(A) or before this bench for admission of such material, hence it is ignored - the assessee has failed to establish that foreign travel expenses as claimed have actually been incurred for business purposes or were even incidental to business of the assessee against assessee. Dis - allowing the claim of bad debt - Held that - Decided in TRF Ltd. vs. CIT( 2010 - TMI - 76626 - SUPREME COURT ) that if the amount has been written off from the books of account, it is allowable - as the amount has actually been written off in this year as admitted by the assessee and not rebutted by Revenue no justification in making the impugned dis allowance of claim - in favour of assessee.

Summary

Issues:
1. Confirmation of foreign travel expenses
2. Claim of bad debt

Confirmation of Foreign Travel Expenses:
The appeal was against the CIT(A)'s order confirming foreign travel expenses and disallowing the claim of bad debt for the assessment year 2001-02. Initially, the Assessing Officer made these additions, which were later deleted by the CIT(A). However, the ITAT set aside the CIT(A)'s order and directed the Assessing Officer to reconsider the issues. The Assessing Officer found that the travelers were not representatives of the assessee's business but relatives who traveled for personal reasons. The claim of bad debt was also disallowed due to lack of evidence. The CIT(A) upheld the Assessing Officer's decision, leading to the appeal.

Claim of Bad Debt:
The assessee claimed a bad debt of Rs.4,04,498 from Bata India Ltd., which was rejected by the Assessing Officer. The assessee argued that the amount was forfeited due to Bata India Ltd.'s denial of owing anything. The Assessing Officer denied the claim citing lack of evidence of the amount being accounted for in previous years. The ITAT, considering Supreme Court decisions, held that if an amount is written off from the books, it is allowable. As the amount was written off in the current year and not rebutted by the Revenue, the impugned addition was unjustified. Consequently, the appeal on this issue was allowed.

In conclusion, the ITAT partially allowed the appeal, directing the deletion of the impugned addition related to the claim of bad debt. The confirmation of foreign travel expenses was upheld as the assessee failed to prove the expenses were for business purposes. The decision was pronounced on March 23, 2012.