Abhay Instruments & Chemicals v. Income-tax Officer
[Citation -1984-LL-1205-2]

Citation 1984-LL-1205-2
Appellant Name Abhay Instruments & Chemicals
Respondent Name Income-tax Officer
Court ITAT-Nagpur
Relevant Act Income-tax
Date of Order 05/12/1984
Assessment Year 1982-83
Judgment View Judgment
Keyword Tags repairs and maintenance • personal use
Bot Summary: The first contention relates to the disallowance of Rs. 1,000 out of a claim of Rs. 16,317 incurred on entertainment expenses, provision of lunch, tea and miscellaneous expenses, confirmed by the Commissioner. After a careful consideration of the facts and circumstances, we are in agreement with the Commissioner that the disallowance of Rs. 2,000 effected in this behalf is in order. The total claim on conveyance and petrol was Rs. 32,451. The ITO disallowed one-fourth of the claim, namely, Rs. 8,113 on account of personal use of the car by the partner. Considering the fact that the expenditure claimed in this behalf included expenses on account of repairs and maintenance of cycles, mopeds, motor cycles as well as cars which were also used by the staff and sales representatives, the Commissioner reduced the disallowance to Rs. 3,000 which works out to less than 10 per cent of the claim. After a careful consideration of the facts and circumstances, we are in agreement with the Commissioner that the disallowance to the extent of Rs. 3,000 from out of the claim is quite justified. In the result, the appeal is allowed in part and the total income is reduced by Rs. 1,000.


This appeal by assessee is against order of Commissioner (Appeals) in his appeal No. 81 of 1983-84 dated 31-5-1983 relating to assessment year 1982-83. three contentions raised in grounds of appeal are dealt with hereunder. 2. first contention relates to disallowance of Rs. 1,000 out of claim of Rs. 16,317 incurred on entertainment expenses, provision of lunch, tea and miscellaneous expenses, confirmed by Commissioner (Appeals). submission in this behalf was that all expenses incurred under these heads were fully vouched and no similar disallowance had been made during any of previous assessments. After careful consideration of facts and circumstances, we are of opinion, that no disallowance is called for. Hence, we delete addition of Rs. 1,000 confirmed by Commissioner (Appeals) in this behalf. 3. next contention relates to disallowance of Rs. 2,000 from out of claim of Rs. 21,111 (wrongly mentioned as Rs. 26,973 in assessment order) on account of telephone expenses for personal use of telephone by partners. disallowance in this behalf was effected by ITO after comparison of expenditure in this behalf with that of earlier year. Commissioner (Appeals), after careful consideration of facts and circumstances, agreed with ITO that personal element in user of telephone could not be overruled in absence of personal telephones to partners and confirmed disallowance made in this behalf. After careful consideration of facts and circumstances, we are in agreement with Commissioner (Appeals) that disallowance of Rs. 2,000 effected in this behalf is in order. We, therefore, decline to interfere. 4. next contention relates to disallowance of Rs. 3,000 from out of conveyance and petrol expenses maintained by Commissioner (Appeals). total claim on conveyance and petrol was Rs. 32,451. ITO disallowed one-fourth of claim, namely, Rs. 8,113 on account of personal use of car by partner. Considering fact that expenditure claimed in this behalf included expenses on account of repairs and maintenance of cycles, mopeds, motor cycles as well as cars which were also used by staff and sales representatives, Commissioner (Appeals) reduced disallowance to Rs. 3,000 which works out to less than 10 per cent of claim. After careful consideration of facts and circumstances, we are in agreement with Commissioner (Appeals) that disallowance to extent of Rs. 3,000 from out of claim is quite justified. We, accordingly, decline to interfere. 5. In result, appeal is allowed in part and total income is reduced by Rs. 1,000. *** Abhay Instruments & Chemicals v. Income-tax Officer
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