TaxTMI 
TaxTMI 
2011 (3) TMI 503
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.... to be set aside. 2) On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition made on a/c of advertisement expenses. 3) On the facts and circumstance of the case and in law, the Ld. CIT(A) has erred in deleting the addition made on a/c of exchange losses. 4) On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition made on account of provision for gratuity." 2. The 1st issue for consideration relates to deletion of addition on account of advertisement expenses. The facts of the case are that the assessee is engaged in the business of distribution, marketing and production of high quality educational and ente....
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....3 has allowed the appeal of the assessee and subsequent appeal before the Tribunal by the Revenue has been dismissed. Hence the A.O. was not justified in disallowing advertisement expenses. In view of these facts, the ld. CIT(A) allowed the relief. 4. Before us, Ld. A.R. submitted that the issue is covered by the decision of ITAT and Ld. CIT(A) has allowed the relief following the decision of ITAT. On the other hand, Ld. Sr. DR supported the order of the A.O. 5. We have heard both the parties and gone through the material available on record. We find that ITAT Delhi Bench 'B' in the case of the assessee for the Assessment Year 2002-03 in I.T.A. No. 850/Del/2008 dated 25.09.2009 had confirmed the deletion of addition by L....
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....d by the revenue is dismissed." 6. Since the issue is covered by the decision of ITAT in the assessee's own case and the Revenue has not brought on record any contrary evidence that the facts are not similar to that of Assessment Year 2002-03. Therefore we do not find any infirmity in the order of Ld. CIT(A) deleting the addition followings the decision of ITAT in the assessee's own case. 7. The next issue for consideration relates to deletion of addition on account of exchange losses. In the year under consideration, the A.O. disallowed a sum of Rs. 56,090/- on account of foreign exchange loss on the ground that no details were furnished by the assessee. On appeal, it was submitted that in Assessment Year 2002-03, Ld. CIT(A) o....
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....Assessment Year 2002-03 and since the Ld. CIT(A) has deleted the addition following the decision of ITAT, we do not find any infirmity in the order of Ld. CIT(A) in deleting the addition. 11. The next issue for consideration relates to deleting the addition on account of provision for gratuity. The A.O. while computing income u/s 115JB added the amount of Rs. 3,17,087/- on account of the provision for gratuity on the ground that the amounts set aside towards provisions made for meeting the liability other than ascertained liability was to be added while determining the book profit of the assessee for the purpose of Section 115JB of the Act. 12. On appeal, it was submitted that the provisions for gratuity represents an am....