1986 (4) TMI 102 - AT - Income Tax

ITAT Chandigarh: Assessee's Appeal Partially Allowed, Entertainment Expenses Disallowed, Relief Granted

The ITAT Chandigarh partially allowed the assessee's appeal and dismissed the Revenue's appeal. The disallowance of entertainment expenses was sustained, ... - Issues:1. Disallowance of entertainment expenses2. Disallowance of expenses on the assessee's wife's foreign tour3. Non-charging of interest from M/s Vee Pee Wool Syndicate4. Deletion of commission payment to M/s Vee Pee Wool SyndicateDisallowance of Entertainment Expenses:The case involved a dispute over the disallowance of entertainment expenses incurred by the assessee on gifts to foreigners and foreign delegation visits. The ITAT Chandigarh referred to a previous decision for the assessment year 1980-81 where a similar issue was addressed. The tribunal sustained a disallowance of Rs. 9,000 out of the total expenses claimed, providing the assessee with a relief of Rs. 31,000 while rejecting the Revenue's appeal.Disallowance of Expenses on Assessee's Wife's Foreign Tour:The second issue pertained to expenses incurred on the foreign tour of the assessee's wife, who was a qualified nurse. The ITAT Chandigarh reversed the CIT (A)'s decision to disallow the expenses, amounting to Rs. 17,179. The tribunal considered the wife's nursing qualifications and the assessee's health condition, relying on case law to support the contention that the expenses were justifiable.Non-charging of Interest from M/s Vee Pee Wool Syndicate:The Revenue's appeal raised concerns regarding the non-charging of interest from M/s Vee Pee Wool Syndicate. The ITAT Chandigarh upheld the CIT (A)'s decision based on the previous year's order, confirming that no borrowings were made during the year under consideration, and the outstanding balance from the previous year justified the non-charging of interest.Deletion of Commission Payment to M/s Vee Pee Wool Syndicate:The final issue revolved around the deletion of Rs. 71,521 on account of commission payment to M/s Vee Pee Wool Syndicate. The ITAT Chandigarh dismissed the Revenue's appeal, citing certificates from various entities as proof of services rendered, and aligning the decision with the tribunal's stance for the assessment year 1980-81.In conclusion, the ITAT Chandigarh partially allowed the assessee's appeal and dismissed the Revenue's appeal, addressing each issue comprehensively and providing detailed reasoning based on legal precedents and factual considerations.