2003 (11) TMI 35

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....A BABU J.-The assessment year is 1985-86. The questions referred for our consideration are: "1. Whether on the facts and in the circumstances of the case, the 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) of the ....

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....e company except the fact that she was the wife of the managing director. The Commissioner, exercising his revisional powers under section 263 of the Act, directed the Assessing Officer, who had failed to assess this amount in the hands of the assessee to assess the amount of the benefit that the assessee had so received from that company, under section 2(24)(iv) of the Act. The Commissioner ma....

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....am Spinning Mills Pvt. Ltd. [2003] 263 ITR 115 has held that the travel expenditure of the wife of the managing director as also that of the managing director himself, both of whom had gone abroad for the medical treatment of the managing director, was not allowable as business expenditure as the company had incurred that expenditure outside its contractual obligation to the managing director. ....

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.... the director or such person, and any sum paid by any such company in respect of any obligation which, but for such payment, would have been payable by the director or other person aforesaid." Had the company not paid the expenses incurred on the assessee's tour abroad with her husband the amount would have been paid by the assessee herself or by her husband. It is not her case that her husband....