2015 (11) TMI 1509 - AT - Income Tax

Tribunal allows appeal, deems overseas travel expenses reasonable, directs deletion of disallowance

M/s. Farida Classic Shoes P. Ltd. Versus Deputy Commissioner of Income Tax

The Tribunal allowed the Assessee's appeal against the disallowance of 25% of foreign travel expenses. The Tribunal found the overseas travel expenses ... Disallowance of 25% of the foreign Travel expenses - vouchers for each of the expenditure incurred were not furnished - Held that:- The nature of the business of the assessee and the income generated by the assessee, we are of the considered view that the expenses incurred by the assessee to the tune of ₹ 15,02,047/- towards overseas travels is quiet reasonable. Moreover it is evident that the assessee had purchased the foreign currency and no portion of the same is surrendered. From the meager amount of ₹ 15,02,047/- incurred towards foreign travel expenditure it cannot be presumed that any significant amount would have been spent for personal purpose. Therefore, we hereby direct the Ld. Assessing Officer to delete the addition made for ₹ 3,75,512/- towards disallowance of foreign travel expenses. - Decided in favour of assessee Issues:Disallowance of 25% of foreign travel expenses.Analysis:The appeal was filed by the Assessee against the order of the Commissioner of Income Tax(A)-6, Chennai, regarding the disallowance of 25% of foreign travel expenses amounting to Rs. 3,75,212. The Assessee, a company engaged in manufacturing and exporting shoes, filed its return for the assessment year 2012-13, admitting total income under normal provision and MAT. The assessment was completed on 16.01.2015, where the Assessing Officer disallowed 25% of overseas travel expenses of Rs. 15,02,047 undertaken by the Director. The Assessee provided evidence for foreign exchange purchase but did not furnish other expense evidence. The Commissioner upheld the disallowance. The Assessee argued that they did not agree to the addition and requested deduction for genuine overseas expenses. The Assessing Officer and Commissioner rejected the submissions, making the addition on an adhoc basis. The Tribunal noted that the genuineness of the expenditure was not doubted, but the vouchers for each expense were not provided. Considering the business nature, income, and evidence of foreign exchange purchase, the Tribunal found the overseas travel expenses reasonable. It was concluded that the Assessee's expenses were justifiable, and the Assessing Officer was directed to delete the disallowance of Rs. 3,75,512 towards foreign travel expenses.The Tribunal's decision was based on the lack of doubt regarding the genuineness of the expenses, the absence of vouchers for each expenditure, and the reasonable nature of the overseas travel expenses. The Tribunal considered the business context, income generated, and evidence of foreign exchange purchase to conclude that the disallowance was unjustified. The Tribunal emphasized that the meager amount spent on foreign travel did not indicate significant personal expenses. As a result, the appeal of the Assessee was allowed, and the addition towards disallowance of foreign travel expenses was directed to be deleted.