9911796707
TMI Blog1978 (6) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... ees received by the assessee in the exercise of his profession in the paying clinics set up by the Govt. The parties in appeal before us agree that the material facts relevant for the determination of the matter in issue before us i.e. whether the fees so received are a part of the income of the assessee as professional income or a part of his salary are in pari materia with the facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this decision by the AAC. The assessee is a specialist in the treatment of tuberculosis and during the accounting period he undertook study-cum-lecture tour to USA. The period of his duration abroad was from 4th Dec., 1975 to 19th Jan., 1976. In this short period, the assessee also undertook a directed review of pertinent literature in schocardiography and had an occasion to observe cardiac ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was expenditure in the nature of capital expenditure and even personal expenses. When the assessee took the matter in appeal before the AAC he considered the rival submissions, the case law cited before him and held the view that the expenditure incurred by the assessee was a revenue expenditure because the assessee had gone on a study-cum-tour abroad and such an expenditure was not either in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h clearly indicated that when an amount is spent for purposes of keeping his knowledge upto date, the expenditure incurred by him does not tantamount to personal in nature. The order of the AAC is, therefore, fully justified and there is no justification for any interference in his order at the instance of the Revenue. 4. After a careful consideration of the rival submissions, we are convinced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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