2018 (5) TMI 126

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....lar, therefore, are being disposed of by this consolidated order for the sake of convenience and brevity. The facts and grounds of ITA No.532(Asr)/2017 have been taken into consideration for adjudication and the result of the same should also be applicable to the other three appeals. "1. That on facts and circumstances of the case, the Ld. CIT (A)-5, Ludhiana has erred in upholding the addition under head TA & Conveyance. 2. That the written submissions of the appellant should have been considered in proper context. 3. That it is wrong to hold that no benefit was derived by the assessee company from visits of family. 4. That the order is against law and facts of the case. 5. That the appellant pr....

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.... the expenses as deduction in computing business income. 5. On feeling aggrieved against the order passed by the Ld. CIT(A), the assessee preferred the instant appeals before us and in respect of its case submitted that The only point of dispute is regarding disallowance of Foreign Travelling Expenses under the head TA & conveyance of the wife/s and son/s of the directors of the Assessee Company. It is submitted that the AO in the assessee's own case for AY 2014-15 has restricted the disallowance to 20% of the total expenditure and it is settled principle that where there are no variation in facts or where all relevant facts have been considered by the Revenue, then according to "Principles of Consistency "and" Doctrine of estoppels", th....

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....plicable to the proceedings under the Act (Income Tax Act, 1961). As stated, the question is principally of fact; the law obliging the assessee to show that an expenditure, claimed as a business expenses, has been incurred wholly or exclusively for the business purpose/s (sec.37(1)). It is again trite that word 'wholly' in s. 37(1) refers to quantum and 'exclusively' to the purpose. Both the conditions remain unsatisfied in the present case. The nexus with business has to be clear and straightforward, and not remote or vague, as would appeal to a man of business, i.e., motivated and guided solely by business consideration. The same cannot be said in the present case/s. The accompaniment of wife/s appears to be purely for social purpose, as ....