2007 (2) TMI 152 - HC - Income Tax

Income AO added 50% of the amount in the assessee total income which is borne by the company on several trips undertaken by assessee with his husband managing director of the company No evidence which proved that trip was for business purpose of the company, hence addition allowed

Summary

Issues:
Appeal against order disallowing expenses incurred on foreign trips by the appellant's wife.

Analysis:
The appellant, wife of the chairman of a company, had expenses on foreign trips disallowed by the Assessing Officer under section 2(24)(iv) of the Income-tax Act. The Commissioner of Income-tax (Appeals) set aside the order, but the Tribunal ruled in favor of the Revenue. The appellant argued that the expenses were business-related, supported by a resolution of the board of directors. However, the Revenue contended that the trips were not business-related, shifting the onus on the appellant to prove otherwise.

The resolution allowing the wife of the managing director to accompany on business trips was deemed general in nature, requiring justification for each trip. The court emphasized the need for justification for such expenses to be allowed, citing a case law precedent. The onus was on the appellant to prove the business necessity of the trips, failing which the expenses would be disallowed.

The court referred to the definition of "income" under section 2(24), emphasizing the need for benefits to be in relation to the business of the company. The Assessing Officer's order highlighted the lack of evidence showing the essential nature of the wife's visits for business interests, leading to the conclusion that no service was rendered to the company. The court found that business exigencies and benefits to the company from the wife's trips were not adequately demonstrated.

Ultimately, the court upheld the Tribunal's order, stating that no substantial question of law arose from the case to warrant further appeal under section 260A of the Act. Consequently, the appeals were dismissed, affirming the disallowance of the expenses incurred on the foreign trips by the appellant's wife.