2012 (7) TMI 682

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..... 8,00,000/- made out of travelling and conveyance expenses including the foreign travelling expenses of Rs. 19.95 lacs. 2. On the facts and circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeals) failed to appreciate the facts discussed in detail in the remand report. 3. On the facts and circumstances of the case and in law the Ld. Commissioner of Income Tax (Appeals) erred in deleting the disallowance of Rs. 1,80,000/- made out of business promotion expenses. 4. The appellant craves to be allowed to add any fresh grounds of appeal and / or delete or amend any of the grounds of appeal." 3. Apropos disallowance of Rs. 8,00,000/- towards travelling and conveyance expenses. On this issue Assessing Officer noted ....

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....ng the sales of the company he had to undertake the said tours. The details of the said tours which were to meet potential customers, suppliers and trade fairs / exhibitions have already been submitted. It was further submitted that the expenses have been carried out as per the Board Resolution of the assessee company authorizing Shri Bhawanani to undertake the tours for promoting the business of the assessee. It was further submitted that similar expenses were incurred in the earlier years and have been accepted by the department and no disallowance has been made on this count in earlier years and there is no change in the facts and circumstances of the case during this year. Ld. Commissioner of Income Tax (Appeals) noted that assessee has....

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....dent relied upon. We find that assessee has submitted that all the necessary details of the travelling expenses have been submitted. The expenditure have been carried out, as per the Board Resolution of the assessee company authorizing Shri Bhawnani to undertake the tours for promoting the business of the company. We further note that similar expenditure incurred in earlier years were accepted by the department. We agree with the finding of the Ld. Commissioner of Income Tax (Appeals) that argument of the Assessing Officer that assessee had made purchases mostly from Singapore and USA and hence the travel expenses to other countries are not allowable is not correct. Further, attending trade fairs and exhibitions in the line of the assessee'....