Commissioner Of Income Tax (E v. The Associated Chambers Of Commerce And Industry Of India Through
High Court
24 May 2016 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
Commissioner Of Income Tax (E v. The Associated Chambers Of Commerce And Industry Of India Through
Date of order
24 May 2016
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Commissioner Of Income Tax (E v. The Associated Chambers Of Commerce And Industry Of India Through, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
34.
+ ITA 343/2016
COMMISSIONER OF INCOME TAX (E)
..... Appellant
Through Mr P. Roychaudhuri, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel.
versus
THE ASSOCIATED CHAMBERS OF COMMERCE AND INDUSTRY OF INDIA Through
..... Respondent
CORAM:
JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU O R D E R% 24.05.2016
CM 20039/2016 (delay in filing the appeal)
1. For the reasons stated in the application, the delay in filing the appeal is condoned.
2. The application is disposed of.
ITA 343/2016
3. The issue raised in this appeal was whether the Income Tax Appellate Tribunal (the ‘ITAT’) was justified in affirming the order of the Commissioner of Income Tax (Appeals) allowing the expenses incurred by
ITA 343/2016 Page 1 of 2
the Respondent Assessee outside India on account of foreign travel as application of income as per the proviso to Section 11 (l) (c) of the Income Tax Act, 1961.
4. The ITAT examined the Articles of Associations of the Respondent Assessee and came to the conclusion that foreign travel expenses incurred by it cannot be termed as application of income outside the taxable territories of the Assessee. The Court does not find any legal infirmity in the view taken by the ITAT. No substantial question of law arises. The appeal is dismissed.
S.MURALIDHAR, J
MAY 24, 2016 pkv
VIBHU BAKHRU, J
ITA 343/2016 Page 2 of 2
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