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Whether Foreign Tour Expenses of Wife of Director or Managing Director are allowed as deduction? Whether the expenditure incurred by the company on foreign tour of the wife of the Director can be added to the income of wife?

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..... Whether Foreign Tour Expenses of Wife of Director or Managing Director are allowed as deduction? Whether the expenditure incurred by the company on foreign tour of the wife of the Director can be added to the income of wife? - Commentaries / Editorials Dated:- 12-10-2009 - News - Some Case Laws on this isssue may be summarized as under: 1. http://www.taxmanagementindia.com/visitor .....

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..... /detail_case_laws.asp?ID=34720 2009 TMI - 34720 - PUNJAB AND HARYANA HIGH COURT Commissioner of Income Tax Versus M/s. Porrits Spencers (Asia) Limited Foreign Tour Expenses of wife - Nexus with the business activity - The Assessing Officer disallowed foreign tour expenses of wife of the Managing Director. The CIT(A) allowed the same but the Tribunal allowed the same to the extent of 50 .....

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..... % - held that - 100% expenditure on foreign travel of wife of the Managing Director allowed. 2. http://www.taxmanagementindia.com/visitor/detail_case_laws.asp?ID=3150 2008 TMI - 3150 - DELHI HIGH COURT SMT. SUDHA BURMAN Versus COMMISSIONER OF INCOME-TAX Income - AO added 50% of the amount in the assessee total income which is borne by the company on several trips undertaken .....

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..... 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 3. http://www.taxmanagementindia.com/visitor/detail_case_laws.asp?ID=9703 2008 TMI - 9703 - BOMBAY High Court Commissioner of Income-Tax Versus Bhor Industries P. Limited. Expenses u/s 37 - "Whether, Tribunal wa .....

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..... s right in law in allowing the assessee's claim in respect of foreign travel expenses of Smt. L.R. Patel, who accompanied her husband Shri R.M. Patel, the director of the assessee-company?" - findings recorded by the Tribunal are in accordance with law as such the question referred to should be answered in favour of the assessee 4. http://www.taxmanagementindia.com/visitor/detail_cas .....

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..... e_laws.asp?ID=11193 2008 TMI - 11193 - MADRAS High Court Commissioner of Income-Tax Versus Smt. Surekha P. Kothari. Whether Tribunal was right in holding that the foreign travel expenses incurred on behalf of the assessee by the company in which her husband is the managing director cannot be assessed in the hands of the assessee under section 2(24)(iv)? - The assessee having received a .....

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..... benefit from the company which had no obligation to provide such a benefit to her but had done so gratuitously, the value of the benefit so received by the assessee is required to be treated as part of her income. - Thus, question referred to us is, answered in favour of the Revenue and against the assessee. - News - Press release - PIB Tax Management India - taxmanagementindia - taxmanagem .....

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..... ent - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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