Case Law Details
Harish N. Salve Vs ACIT (ITAT Delhi)
Challenging the orders dated 29.12.2017 passed by the learned Commissioner of Income Tax (Appeals)-20, New Delhi (“the Ld. CIT(A”), for the assessment years 2013-14 and 2014-15, Harish N. Salve(“the assessee”), preferred these appeals.
2. Since the facts and issues involved in both the matters are identical, we deem it just and convenient to dispose them of by this common order.
3. Brief facts of the case are the assessee is an Advocate by profession and derives income from business or profession, house property, capital gains and also income from other sources. During the course of assessments for the assessment years 2013-14 and 2014-15, the Assessing Officer found that the assessee claimed Rs.34,19,730/- for the assessment year 2013-14 and Rs.84,40,301/- for assessment year 2014-15 under the head “Assistance to Law Students”, and when asked, submitted that the assistance paid to law students Diksha Sharma and Krishna Prasad K. V. at Oxford is the justification for such claim. It was further stated by the Assessing Officer that the very same plea was taken by assessee for the assessment year 2014-15 also.
4. While disallowing such a claim of assessee, the Assessing Officer observed that the facts for this year are similar to the ones in earlier assessment years and therefore, similar disallowance had to be made on the ground that the assistance to law students, who are nowhere related to the profession of the assessee, and such claim as a business expense is not acceptable to have been incurred wholly and exclusively for the purpose of business/profession of the assessee.
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