2010 (7) TMI 151

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....NT MANMOHAN, J CM 12666/2010 This is an application for condonation of delay of 100 days in refiling the appeal. For the reasons stated in the application, delay of 100 days in refiling the appeal is condoned. Accordingly, application stands disposed of. ITA 941/2010 1. The present appeal has been filed under Section 260A of Income Tax Act, 1961 (for brevity "Act, 1961") chall....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er a period of time. It is also noticed that during the earlier Assessment Years there has been no disallowance on account of this imprest account of Shri V.K. Chabra. It is also noticed that the assessee company is having substantial share capital and reserves and surplus par in excess of the amount given by the assessee to Shri V. K. Chabra. It is also noticed that the amount given to Shri V.K. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....penditure in the year under consideration.  The Karnataka High Court in Commissioner of Income Tax Vs. Sridev Enterprises, (1991) 192 ITR 165 has held that a departure from a finding in respect of deductions permitted during the past years would result in a contradictory finding. 5. We are also of the view that it would not be equitable to permit the Revenue to take a different stand in re....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Ld. CIT(A) drew a conclusion that the travel of the Managing Director to Paris, London, Amsterdam and Hong Kong had apparently no connection with the business of the assessee. It is noticed that the assessee is in the business of textile and garment manufacturing.  The disallowance has been made on presumption and the disallowance is an ad-hoc disallowance. The details of the expenditure....