2010 (5) TMI 58

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....ar Durrez Ahmed Hon’ble Mr Justice V.K. Jain 1. Whether Reporters of local papers may be allowed to see the judgment?   2. To be referred to the Reporter or not?  3. Whether the judgment should be reported in Digest?  BADAR DURREZ AHMED, J (ORAL) 1. The Revenue is in the appeal before us on two aspects. 2. The Assessing Officer had disallowed 25% of the foreig....

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....ed that the expenditure on foreign travel on employees was in the realm of the commercial expediency. This is also clearly evident from the facts and the learned counsel for the Revenue had not been able to point out any evidence on record to the contrary. She, however, submitted that the Commissioner of Income Tax (Appeals) had reduced the disallowance from 25 % to 10 % and had not deleted the en....

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....ong duration foreign trips, which are by and large undertaken by its filed engineers, by sending whom the appellant company has actually earned revenue in the form of service charges, which have been charged on per day basis at rates as high as US$ 600, as against the nominal salaries paid to such engineers in India, Hence, an addition of 10% out of the foreign traveling expenses appears to be rea....

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....vel expenses in respect of such field engineers could not have been disallowed. The Tribunal has correctly appreciated the law and arrived at the correct conclusion. There is no tangible evidence or material on record to suggest otherwise. Thus, in the absence of any perversity in the factual findings, we cannot interfere with the said findings of the Tribunal. 5. Insofar as the question of cla....