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2016 (6) TMI 81 - AT - Income TaxDisallowance of Directors foreign travel expenditure - Held that:- On perusal of the financial statements of the assessee for the relevant financial year, we find that in the Director report attached to financial statements, the assessee has reported the name of Mr. Ruchirans Jaipuria in the key managerial personal. The other Director Smt. Payal Jaipuria’s name did not find in the key managerial, personal position. Therefore, we are of the view that the assessee has filed to prove that Mrs. Payal Jaipuria is a Director actively involved in the business of the assessee to say that she had attended the meetings in abroad to discuss about the future plan of the company. Under these circumstances, we are of the considered view that the assessee has failed to discharge the onus cast upon it to prove the expenditure incurred exclusively for the purpose of business of the assessee. Therefore, we are of the view that the A.O. has rightly disallowed the foreign travel expenditure. The CIT(A) after considering the relevant details filed by the assessee uphold the order of the A.O. We do not see any error or infirmity in the order passed by the CIT(A) - Decided against assessee TDS u/s 194A - non TDS on finance charges - Held that:- Considering the ratio of the coordinate bench decision, in the case of M/s. Merilyn Shipping & Transporters (2012 (4) TMI 290 - ITAT VISAKHAPATNAM ), we are of the opinion that no disallowance can be made u/s 40(a)(ia) of the Act for the amounts which have been already paid during the same financial year. The CIT(A) without appreciating the facts, simply uphold the additions made by the A.O. Therefore, we set aside the order passed by the CIT(A) and direct the A.O. to delete the additions made u/s 40(a)(ia) of the Act.- Decided against revenue
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