TaxTMI 
TaxTMI 
2015 (4) TMI 85
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....missioner of Income Tax (Appeals) has erred in law and on facts in deleting the addition of Rs. 13,42,136/- made out of Foreign Travelling Expenses without appreciating the facts that the assessee company could not substantiate the business expediency of the expenses during the course of assessment proceedings. 2. That the Commissioner of Income Tax (Appeals) has erred in law and on facts in deleting the disallowance of Rs. 1,81,100/- and Rs. 4,69,954/- made out of Vehicle Running Expenses and depreciation without appreciating the facts that the assessee company could not substantiate that the vehicles were wholly used for business purpose. 3. That the Commissioner of Income Tax (Appeals) has erred in law and on facts in deletin....
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....f Rs. 2,95,247/- made out of HSD Oil & Lubricant Expenses without appreciating the facts that the assessee company could not justify its claim during the course of assessment proceedings. That the Commissioner of Income Tax (Appeals) has erred in law and on facts in deleting the disallowance of Rs. 2,74,110/- made out of Electricity Charges without appreciating the facts that the expenses were related to the Director of the assessee company and not for the business purposes of the assessee company. 4. That the Commissioner of Income Tax (Appeals) has erred in law and on facts in deleting the disallowance of Rs. 9,04,951/- made out of Property Tax paid in USA without appreciating the facts that the assessee company could not justify....
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....ign visits. 3. Aggrieved, the Revenue is before us but could not point out a single instance of non business expenditure. We, however, have examined the order of CIT(A) and find no infirmity therein. Accordingly, we confirm the order of CIT(A). 4. Ground No. 2 in both the appeals relates to disallowance made out of vehicle running expenses and depreciation. In this regard it was noticed by the CIT(A) that the vehicles were owned by the assessee company and the Directors of the company have their small family without any dependents where personal use of the company‟s car can be possible. The CIT(A) accordingly deleted the additions made on account of vehicle running expenses. 5. Now the Revenue is before us but cou....
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....tire electricity charges having noted that significant portion of the premises No.8/2B, Arya Nagar, Kanpur, which happened to be the registered office of the assessee company as well as residence of the Managing Director of the company of the assessee were not wholly for the business purpose. Before the CIT(A), it was contended that the assessee company had its office at 8/2B, Arya Nagar, Kanpur, which is two storey building and the assessee company has registered administrative office on the entire ground floor and also occupied about 40% space on the first floor for the purpose of office and storage. Thus, more than 70% of the whole premises is used for the business office etc. Therefore, the entire disallowance of the electricity charges....
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....t the assessee company purchased a warehouse in Denver, U.S.A. on 08/12/2003 after taking the loan from Indian Overseas Bank, Kanpur. Since the property was purchased after taking term loan, the bank has kept equitable mortgage over the said property in its favour. The payment of property tax is done from Head Office and proof of payment is submitted to the Bank as the same was one of the conditions for sanction of Term Loan for purchase of property. The CIT(A) re-examined the issue in the light of relevant evidence and judicial pronouncements and came to the conclusion that there is no dispute to the ownership, user and payment of tax relating to the warehouse in question. It is also an admitted fact that the consolidated books of account ....