Case Law Details
D. Venkatesh Vs Deputy Central Circle 1(2) (ITAT Hyderabad)
ITAT Hyderabad held that assessee being a film artist, physical fitness is a part and parcel of his profession, but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Hence, disallowance of physical fitness expenditure justifiable in law.
Facts- The appellant has preferred the present appeal contesting that CIT(A) has erred in the order of the assessing officer in disallowing foreign travel expenses, Other expenses, security service charges , Swimming pool rent, adhoc disallowance under 14A are against the principles of justice, weight of evidence and probabilities of the case of the appellant.
Conclusion- Held that assessee has shown Rs. 1,75,188/- towards physical fitness expenses in the profit and loss account. Though the physical fitness was a part and parcel of assessee’s profession but it cannot be held to be incurred wholly and exclusively for the profession of the assessee. Even the assessee has not filed any evidence to show that he underwent any weight loss program to fulfill his professional commitment. Hence, we do not find any reason to interfere with the finding of ld.CIT(A) on this issue. Thus, this ground of the assessee dismissed.
Held that even before us, the assessee has not filed any evidence to prove that these expenses are wholly and exclusively incurred for his profession. Hence, we confirm the action of Assessing Officer in disallowing 10% security charges. Thus, this ground of the assessee is dismissed.
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