2012 (9) TMI 1012

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....M This appeal by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-XXIII, New Delhi dated 05.3.2012 pertaining to assessment year 2008-09. 2. The grounds raised read as under:- "1. On the facts and circumstances of the case, the order passed by the Ld. Commissioner of Income Tax (A) is bad both in the eye of law and on facts. 2(i) On....

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....or that no expenditure is personal in nature is bad in l aw. 4. The appellant craves leave to add, amend or alter any of the grounds of appeal." 3. In this case Assessing Officer observed that personal element in some of the expenses cannot be denied and hence 10% of these expenses are disallowed and added back to in the income of the assessee. Thus Assessing Officer added ` 1,72,941/-....

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..... We have heard the rival contentions in light of the material produced. We find that the addition on account of travelling expenses was totally based on surmises and conjectures. Assessing Officer has not brought on record any cogent basis as to why this expenditure was to be disallowed. It is not the case that expenditure was considered to be bogus or any shortcoming in the vouchers in this rega....