1980 (9) TMI 157 - AT - Income Tax

Appellate Tribunal restores full deduction for foreign trip expenses in business visit appeal.

The Appellate Tribunal allowed the appeal by the assessee firm and deleted the enhancement made by the Appellate Assistant Commissioner. The Tribunal ... - Issues:Assessment of travelling and conveyance expenses for business purposes.Analysis:The appeal was filed by the assessee firm for the assessment year 1977-78 regarding claimed travelling and conveyance expenses amounting to Rs. 33,736. The Income Tax Officer (ITO) disallowed Rs. 10,000 as not relating to business due to the smallness of the business activities. However, the Appellate Assistant Commissioner (AAC) disagreed with the ITO's approach and specifically disallowed foreign trip expenses of Rs. 16,097, stating that it was personal or capital in nature and not related to business. The AAC issued an enhancement notice for this disallowance but only enhanced it by Rs. 6,097 since Rs. 10,000 had already been disallowed by the ITO. The appeal by the assessee was solely against this enhancement and not for the deletion of the entire disallowance.Upon hearing both sides and examining the relevant materials, the Appellate Tribunal found that the foreign trip expenses were indeed incurred wholly and exclusively for the purpose of business. The assessee firm's business was in goods transport, and the visit to a prominent brick manufacturing concern in the U.K. was deemed a business visit. The Tribunal noted that the specifics of the information obtained during the visit were not crucial, as the purpose of the journey was the determining factor, not the precise benefit derived. The Tribunal emphasized that the visit was not personal, as evidenced by the cancellation of other sightseeing plans, indicating a business-focused trip. It was concluded that the expenditure on the foreign trip was deductible as it was not capital in nature and did not create an enduring asset or benefit.Therefore, the Tribunal allowed the appeal and deleted the enhancement made by the AAC, reinstating the full deduction of the foreign trip expenses for the assessee firm. The decision highlighted the importance of the purpose of the expenditure in determining its deductibility for business expenses.