{"id":23972,"date":"2026-09-14T06:07:48","date_gmt":"2026-09-14T06:07:48","guid":{"rendered":"https:\/\/koshalsambada.in\/?p=23972"},"modified":"2026-09-14T06:07:48","modified_gmt":"2026-09-14T06:07:48","slug":"businessman-paid-rs-6-42-lakh-for-foreign-business-travel-using-wifes-card-and-then-reimbursed-her-taxman-disallowed-it-itat-mumbai-says-nothing-in-law-bars-it","status":"publish","type":"post","link":"https:\/\/koshalsambada.in\/?p=23972","title":{"rendered":"Businessman paid Rs 6.42 lakh for foreign business travel using wife\u2019s card and then reimbursed her; taxman disallowed it, ITAT Mumbai says nothing in law bars it"},"content":{"rendered":"<p><br \/>\n<\/p>\n<div>\n<div class=\"e9jwa\">\n<div class=\"vdo_embedd\">\n<div class=\"GfdvZ\">\n<section class=\"_bIDB  clearfix id-r-component leadmedia undefined undefined  E9tg9 \" style=\"top:0px\">\n<div class=\"_bIDB\" data-ua-type=\"1\" onclick=\"stpPgtnAndPrvntDefault(event)\">\n<div class=\"ypVvZ\">\n<div class=\"WGttI\"><img src=\"https:\/\/static.toiimg.com\/thumb\/msid-134233709,imgsize-573193,width-400,height-225,resizemode-4\/tax-query.jpg\" alt=\"Businessman paid Rs 6.42 lakh for foreign business travel using wife\u2019s card and then reimbursed her; taxman disallowed it, ITAT Mumbai says nothing in law bars it\" title=\"The individual said he reimbursed his wife after returning to India. (Image for representative purpose only)\" decoding=\"async\" fetchpriority=\"high\"\/><\/div>\n<\/div>\n<\/div>\n<div class=\"Ta7d_ img_cptn\"><span title=\"The individual said he reimbursed his wife after returning to India. (Image for representative purpose only)\">The individual said he reimbursed his wife after returning to India. (Image for representative purpose only)<\/span><\/div>\n<\/section>\n<\/div><\/div>\n<\/div>\n<p>You incur business expenses on your wife\u2019s credit card and reimburse her. But the tax department raises an objection. This is what happened with a Mumbai-based business man, who then won partial relief from the ITAT.<span class=\"id-r-component br\" data-pos=\"2\"\/>The Income Tax Appellate Tribunal ruled that genuine business travel expenses do not become disallowable merely because they were initially paid using his wife\u2019s credit card and later reimbursed to her.<span class=\"id-r-component br\" data-pos=\"4\"\/>The Income Tax Appellate Tribunal (ITAT) Mumbai has provided partial relief to a businessman after the income tax department disallowed Rs 6.42 lakh of his travel expenses because the payments had been made using his wife&#8217;s credit card.<span class=\"id-r-component br\" data-pos=\"8\"\/>In its judgment, Challa Nagendra Prasad, Judicial Member, and GM Doss, Accountant Member, held that there is no legal bar on a person using their spouse&#8217;s credit card to meet business expenses and subsequently reimbursing the spouse for those payments.<span class=\"id-r-component br\" data-pos=\"10\"\/><\/p>\n<p><h2>What the case is about<\/h2>\n<\/p>\n<p>The ruling arose from a tax dispute involving a resident of Mumbai. According to the submissions before the tribunal, the man traveled to Paris, Russia and other destinations for business purposes and incurred total travel expenses of Rs 20.32 lakh.<span class=\"id-r-component br\" data-pos=\"14\"\/>Of this amount, Rs 6.42 lakh was paid through his wife&#8217;s credit card. The individual said he reimbursed his wife after returning to India.<span class=\"id-r-component br\" data-pos=\"16\"\/>The arrangement, however, came under scrutiny during assessment. The Income Tax Department treated the Rs 6.42 lakh as unexplained, arguing that the man\u2019s wife had no connection with his business travel and that the expenditure had been incurred through her credit card. The Assessing Officer (AO) consequently disallowed the Rs 6.42 lakh from the man\u2019s business expenditure.<span class=\"id-r-component br\" data-pos=\"19\"\/>The AO also questioned another portion of the businessman\u2019s travel expenses. Since Rs 1.49 lakh had been paid in cash, the officer disallowed 20% of this expenditure on the ground that the expenses could not be completely verified.<span class=\"id-r-component br\" data-pos=\"21\"\/>A further 20% disallowance was made on the remaining foreign travel expenses of Rs 12.4 lakh. The AO said the man had not furnished adequate details of the foreign travel, including information about the people who travelled and the services they provided.<span class=\"id-r-component br\" data-pos=\"24\"\/><\/p>\n<p><h2>Income mismatch between books and Form 26AS<\/h2>\n<\/p>\n<p>The assessment also raised a separate issue concerning the income reported by the taxpayer.<span class=\"id-r-component br\" data-pos=\"27\"\/>According to the AO, Form 26AS showed the man\u2019s income at Rs 79.87 lakh, whereas his books of account reflected income of Rs 75.51 lakh. The difference worked out to Rs 4,36,400, which the AO sought to bring to tax.<span class=\"id-r-component br\" data-pos=\"29\"\/>The dispute before the tax authorities therefore involved two separate issues:<span class=\"id-r-component br\" data-pos=\"31\"\/><\/p>\n<div class=\"cdatainfo modify_cdata_list_style id-r-component \" data-pos=\"32\">\n<ol>\n<li>Business expenses paid using his wife&#8217;s credit card<\/li>\n<li>Difference between the income reported in Form 26AS and the man\u2019s books of account<\/li>\n<\/ol>\n<\/div>\n<p>The individual first challenged the assessment before the Commissioner of Appeals (CIT A), but his appeal was rejected.<span class=\"id-r-component br\" data-pos=\"35\"\/>He then approached ITAT Mumbai. On August 31, 2026, the tribunal granted him partial relief on the disallowance relating to travel expenses paid through his wife&#8217;s credit card, according to an ET report.<span class=\"id-r-component br\" data-pos=\"37\"\/>However, it did not finally decide the issue concerning the Rs 4,36,400 difference between Form 26AS and the books of account. Instead, the tribunal sent that matter back to the Assessing Officer for verification.<span class=\"id-r-component br\" data-pos=\"40\"\/><\/p>\n<p><h2>How did the man win the case in ITAT Mumbai?<\/h2>\n<\/p>\n<p>Pranshu Goel, Partner at Ashok Pranshu &amp; Co., told ET, that ITAT Mumbai ruled in the man\u2019s favour after finding that the disputed expenses were genuinely incurred for foreign business travel. The fact that the payments were initially made through his wife&#8217;s credit card and later reimbursed to her did not change the nature of the expenditure.<span class=\"id-r-component br\" data-pos=\"43\"\/>The tribunal held that there is no provision under the law preventing a taxpayer from using his wife&#8217;s credit card to meet business expenses. <!-- -->Pranshu said the tribunal also rejected the argument that the reimbursement represented payment for services provided by the man\u2019s wife and therefore required tax deduction at source, since she had not rendered any independent service.<span class=\"id-r-component br\" data-pos=\"47\"\/>Using a family member&#8217;s credit card for personal or other expenses can be a common practice, particularly to earn reward points, cashback or travel benefits, Pranshu said. However, he cautioned taxpayers against overlooking the documentation.<span class=\"id-r-component br\" data-pos=\"50\"\/>Pranshu advises: &#8220;However, taxpayers must preserve the complete documentary trail, purpose, invoices, card statements and proof of reimbursement to substantiate that the expense is for the purpose of business and is not a personal expenditure.&#8221;<span class=\"id-r-component br\" data-pos=\"52\"\/>He also pointed out that high-value credit card transactions are now reported and reflected in AIS\/TIS. As a result, spending that appears disproportionate to the cardholder&#8217;s disclosed income could attract scrutiny from the tax department unless the source of the payment and subsequent reimbursement are properly explained.<span class=\"id-r-component br\" data-pos=\"55\"\/><\/p>\n<p><h2>What ITAT said<\/h2>\n<\/p>\n<p>During the proceedings, the individual\u2019s chartered accountant provided details of the foreign business travel. He told the tribunal that the man had incurred Rs 3.97 lakh for travel to Metal Expo in Russia and Rs 4.94 lakh for travel to CNR Expo in Istanbul, Turkey.<span class=\"id-r-component br\" data-pos=\"58\"\/>Together, these expenses amounted to Rs 8.91 lakh. The CA said a portion of this expenditure had been paid through the man\u2019s wife&#8217;s credit card. To support the claim, he submitted the expenditure details along with his wife&#8217;s bank account statement.<span class=\"id-r-component br\" data-pos=\"61\"\/>The CA also cited a previous ITAT Mumbai ruling in the case of Girish Raghavan, ITA No. 6955\/Mum\/2025, dated March 4, 2026.<span class=\"id-r-component br\" data-pos=\"63\"\/>The tribunal accepted the argument that using a spouse&#8217;s credit card to incur business expenses was not prohibited by law.<span class=\"id-r-component br\" data-pos=\"65\"\/>\u201cThere is nothing in law which precludes an assessee from incurring business expenditure through the credit card of his spouse and thereafter reimbursing the said expenditure to the spouse.\u201d<span class=\"id-r-component br\" data-pos=\"68\"\/>ITAT Mumbai further found nothing improper in such an arrangement for meeting business expenses.<span class=\"id-r-component br\" data-pos=\"70\"\/>The finding also went against the reasoning adopted by the CIT (A). The appellate authority had held that the man should have deducted TDS on the reimbursement to his wife if the transaction was being treated as payment for services she had independently provided.<span class=\"id-r-component br\" data-pos=\"73\"\/>The tribunal rejected that interpretation, observing:<span class=\"id-r-component br\" data-pos=\"75\"\/>\u201cNo payment was made towards any service rendered by Smt. Shah; the amount was merely reimbursed to her since her credit card had been utilised for incurring the expenditure. <!-- -->The addition on this count is, therefore, unwarranted and is directed to be deleted.\u201d<span class=\"id-r-component br\" data-pos=\"79\"\/>Relying on the Girish Raghavan precedent cited by the CA, the tribunal also deleted the ad hoc disallowances relating to the travel expenditure.<span class=\"id-r-component br\" data-pos=\"81\"\/>The separate discrepancy between the income reported in Form 26AS and the books of account was not finally decided by ITAT Mumbai. Instead, the tribunal sent the matter back to the Assessing Officer to examine the reconciliation statement submitted by the man and pass a fresh order in accordance with law after giving the assessee an adequate opportunity of being heard.<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/timesofindia.indiatimes.com\/business\/india-business\/businessman-paid-rs-6-42-lakh-for-foreign-business-travel-using-wifes-card-and-then-reimbursed-her-taxman-disallowed-it-itat-mumbai-says-nothing-in-law-bars-it\/articleshow\/134233539.cms\" target=\"_blank\" rel=\"noopener\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The individual said he reimbursed his wife after returning to India. (Image for representative purpose only) You incur business expenses on your wife\u2019s credit card and reimburse her. But the tax department raises an objection. This is what happened with a Mumbai-based business man, who then won partial relief from the ITAT.The Income Tax Appellate [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":23973,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[31],"tags":[],"class_list":["post-23972","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-31"],"magazineBlocksPostFeaturedMedia":{"thumbnail":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","medium":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","medium_large":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","large":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","1536x1536":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","2048x2048":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-small":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-small-tall":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-small-square":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-small-masonry":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-medium":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-medium-masonry":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-large":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg","blogsy-wide":"https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg"},"magazineBlocksPostAuthor":{"name":"admin","avatar":"https:\/\/secure.gravatar.com\/avatar\/8709732a479614e7a8aa24d3eb1b239f30dc6d90c61464ed495001e7a469d856?s=96&d=mm&r=g"},"magazineBlocksPostCommentsNumber":"0","magazineBlocksPostExcerpt":"The individual said he reimbursed his wife after returning to India. (Image for representative purpose only) You incur business expenses on your wife\u2019s credit card and reimburse her. But the tax department raises an objection. This is what happened with a Mumbai-based business man, who then won partial relief from the ITAT.The Income Tax Appellate [&hellip;]","magazineBlocksPostCategories":["\u0b26\u0b47\u0b36 \u0b2c\u0b3f\u0b26\u0b47\u0b36"],"magazineBlocksPostViewCount":2,"magazineBlocksPostReadTime":6,"magazine_blocks_featured_image_url":{"full":["https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg",400,225,false],"medium":["https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg",300,169,false],"thumbnail":["https:\/\/koshalsambada.in\/wp-content\/uploads\/2026\/09\/tax-query.jpg",150,84,false]},"magazine_blocks_author":{"display_name":"admin","author_link":"https:\/\/koshalsambada.in\/author\/admin"},"magazine_blocks_comment":0,"magazine_blocks_author_image":"https:\/\/secure.gravatar.com\/avatar\/8709732a479614e7a8aa24d3eb1b239f30dc6d90c61464ed495001e7a469d856?s=96&d=mm&r=g","magazine_blocks_category":"<a href=\"#\" class=\"category-link category-link-31\">\u0b26\u0b47\u0b36 \u0b2c\u0b3f\u0b26\u0b47\u0b36<\/a>","_links":{"self":[{"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/posts\/23972","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23972"}],"version-history":[{"count":0,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/posts\/23972\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=\/wp\/v2\/media\/23973"}],"wp:attachment":[{"href":"https:\/\/koshalsambada.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/koshalsambada.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}