SHREE RAJ RAJESHWARI PAP CHEM INDUSTRIES P.LTD,MUMBAI vs. DCIT 9(3), MUMBAI

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ITA 5109/MUM/2015Status: DisposedITAT Mumbai10 January 2018AY 2011-123 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee failed to prove that the expenses were incurred wholly and exclusively for business purposes, as per Section 37(1). Personal expenses are not deductible.

What were the facts?

The assessee debited staff welfare expenses, a significant portion of which was incurred by directors for hotel expenses and dress materials via credit card. The Assessing Officer disallowed these expenses as they were not related to the business.

What were the issues?

Whether expenses incurred by directors for personal use, debited as staff welfare, are deductible business expenses.

Which sections of the Income-tax Act were involved?

Section 37(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI JOGINDER SINGH, JM & SHRI MANOJ KUMAR AGGARWAL, AM

Per Manoj Kumar Aggarwal (Accountant Member)

1.

The captioned appeal by assessee for Assessment Year [AY] 2011-12 assails the order of the Ld. Commissioner of Income-Tax (Appeals)-21 CIT(A)], Mumbai, Appeal No. CIT(A)-21/DCIT-13(2)(1)/IT- 155/2014-15 dated 19/08/2015 qua confirmation of certain disallowances Shri Raj Rajeshwari PAP Chem Industries Pvt. Ltd. Assessment Year-2011-12 amounting to Rs.21,29,480/-. None has appeared for assessee despite notice and no adjournment application is on record. Left with no option, we proceed to dispose-off the same on the basis of material available on record and after hearing Ld. Departmental Representative [DR]. The registry has noted that the appeal has been filed with a delay of 2 days. Keeping in view the minor delay, we condone the same. The assessment for impugned AY was framed by Ld. Deputy Commissioner of Income Tax 9(3), Mumbai [AO] u/s 143 (3) of the Income Tax Act, 1961 on 29/03/2014.

2.

Briefly stated the assessee being resident corporate assessee engaged as manufacturer and dealer of paper and paper board was assessed u/s 143(3) at Rs.1,24,75,788/- under normal provision as against returned income of Rs.89,67,020/- filed by the assessee on 30/03/2013. The sole subject matter of this appeal is disallowance of Staff Welfare expenses amounting to Rs.21,29,480/-. 3. During assessment proceedings it was noted that the assessee debited staff welfare expenses of Rs.25,88,160/- out of which Rs.21,29,480/- was incurred by the directors of the assessee company by way of credit card towards hotel expenses and purchase of dress materials. Since the expenses were not related to the business, the same were disallowed and added to the income of the assessee. The same has since been confirmed by Ld. CIT(A) upon further appeal vide impugned order dated 19/08/2015. Aggrieved, the assessee is in further appeal before us. The Ld. DR has placed reliance on the stand of lower authorities.

Shri Raj Rajeshwari PAP Chem Industries Pvt. Ltd. Assessment Year-2011-12 4. Heard and perused relevant material on record. Upon perusal, we find that in terms of Section 37(1), the assessee has miserably failed to prove that the said expenditure were incurred wholly and exclusively for business purposes of the assessee. No deduction could be allowed to assessee against personal expenses. Hence, finding no infirmity in the order of lower authorities, we dismiss assessee’s appeal.

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