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TMI Blog2012 (3) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) impugns the order dated 29th March, 2011 passed by the Income Tax Appellate Tribunal („Tribunal‟, for short). The appeal pertains to assessment year 2006-07. 2. Ld. counsel for the appellant relies upon paragraph 3 and 5 of the impugned order and submits that in the present case, the Tribunal has erred in holding that the expenditure incurred on education of one of the directors Ms. Ruchika Grover, who had undergone a course called Master of Science in Entrepreneurship at United Kingdom from University of Nottingham, was not expenditure wholly and exclusively incurred for the purpose of business. Ld. counsel for the appellant relies on decision of the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: - "3.2 I have considered the submissions made by the authorized representative of the appellant company. During the course of present proceedings, it has been observed that there were four directors in the appellant company namely Sh. Ajay Grover, Smt. Manju Grover, Ms Ruchika Grover and Sh. Naresh Inderpal Singh. It is further observed that in earlier years as well as in later years, the appellant company has not sent any of his employees/directors for studying abroad. Bio-data of Ms Ruchika Grover has been perused as per which the date of birth is 30.09.1984 and she completed her graduation from Shri Ram College of Commerce, Delhi University in the year 2005. The graduation result was declared o 12.07.2005 whereas Ms. Ruchika Gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3.2.1 The case laws of JB Advani & Co. Ltd. Vs JCIT (supra) and Sakal Paper P. Ltd. Vs. CIT (Supra), on which the appellant relied, are not applicable to the present case as these decisions had been distinguished later on is Mustang Mouldings P. Ltd. Vs ITO 306 ITR 361 (ITAT - Mum) where the assessee company was controlled by the family members and it was held that the expenditure on higher education of a child was personal expenditure of father/parents. Reference can be made to the case law of Mac Explotec Pvt. Ltd. Vs Cit 286 ITR 378 (Kar) where the High Court held that the expenses incurred by the assessee company in sending its director‟s son aboard for training in general management were not allowable since the training did no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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