Commissioner of Income-tax (Central), Ludhiana v. M/s Hero Cycles Ltd
[Citation -2015-LL-0202-3]
| Citation | 2015-LL-0202-3 |
|---|---|
| Appellant Name | Commissioner of Income-tax (Central), Ludhiana |
| Respondent Name | M/s Hero Cycles Ltd |
| Court | HIGH COURT OF PUNJAB & HARYANA |
| Relevant Act | Income-tax |
| Date of Order | 02/02/2015 |
| Judgment | View Judgment |
| Keyword Tags | medical reimbursement • medical expenses • business tour • substantial question law |
| Bot Summary: | HEMANT GUPTA, J. The Revenue is in appeal under Section 260 A of the Income Tax Act, 1961 aggrieved against the order passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh on 12.05.1998 relating to the assessment year 1988-89. The Revenue - appellant has raised the following substantial questions of law: Whether on the facts and in the circumstances of the case, the ITAT was right in holding that Disallowance of Medical expenses of a Director of the Assessee Company was not covered U/s 40A(5) of the Income Tax Act, without answering the question as to whether reimbursement of medical expenses is part of salary. In view of the said decision, the first substantial question of law does not arise for consideration and is answered against the Revenue. We find that even the second substantial question of law again does not arise for consideration of this Court. The Tribunal has returned a finding of fact that the accompanying wife of the Director was part of their business tour. Since the Tribunal has recorded a finding of fact that the wives of the Directors had accompanied their husbands on business tour such finding of fact does give rise to any substantial question of law. While answering both the substantial questions of law in favour of the respondent-assessee and against the Revenue-appellant, the present appeal is dismissed. |