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2013 (1) TMI 591 - HC - Income TaxAddition on account of foreign travel expenses – Revenue or personal expenditure - Foreign travel expense incurred by assessee and his wife which has been allowed to the extent of 50% by the CIT(A) and upheld by the Tribunal - Assessee was a heart patient and was looking after the business of the firm - His wife had to accompany for looking after him on visit to the foreign country – Held that:- Foreign visit resulted in increase in the business and after analyzing the factual matrix had allowed 50% expenses as revenue expenditure which was wholly and exclusively expended for business purposes. An effort was made by the revenue to submit that 50% had been allowed without any basis. He, however, could not substantiate the said plea - In favour of assessee Addition on account of late deposit of PF & ESI – Held that:- Following the decision in case of Alom Extrusions Limited (2009 (11) TMI 27 - SUPREME COURT) wherein it has been held that Second Proviso to Section 43B of the Act omitted by Finance Act, 2003 with effect from 1.4.2004 was clarificatory in nature and was to operate retrospectively. CIT(A) was right in deleting the addition made by the A.O. u/s 36(1)(va) and u/s 43B on account of late payment of employee's as well as employer's contribution to PF & ESI as the same had been deposited prior to the filing of the return u/s 139 (1) - In favour of assessee
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