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2016 (7) TMI 241 - AT - Income TaxAddition being the difference in the FD amount as unexplained income from other sources - CIT(A) deleted the addition calling for information u/s 133(6) of the Act from the bank and found that the difference worked out by the Assessing Officer in the FD was reconciled - when the CIT(A) called for information by himself from State Bank of India, whether such information has to be treated as additional evidence filed by the assessee? - Held that:- This Tribunal is of the considered opinion that the powers of the CIT(A) are coterminous with that of the Assessing Officer, therefore, the CIT(A) can himself call for the material and examine the same without any assistance from the Assessing Officer. Since the CIT(A) himself called for the records and examined the same, this Tribunal is of the considered opinion that there is no violation of Rule 46A as alleged by the ld. DR. Accordingly, this Tribunal do not find any reason to interfere with the order of the CIT(A). Accordingly, the same is confirmed. - Decided against revenue Disallowance of travelling expenses - AO disallowed a sum of 1 lakh on the ground that the expenditure incurred by the assessee towards foreign travel cannot be for earning the professional income admitted by the assessee due to his old age - Held that:- The fact that the assessee is a neuro-physician is not in dispute. Being a practicing neuro-physician, the assessee has to update his knowledge in the field in which he is practicing. Therefore, age of the assessee is not a criteria for updating the knowledge. The fact that the assessee travelled out of the country is not in dispute. The Assessing Officer himself allowed a part of the expenditure, therefore, it is not known why the remaining part of 1 lakh cannot be treated as expenditure for earning the professional income This Tribunal is of the considered opinion that a practicing professional has to update his knowledge irrespective of his age, therefore, the expenditure towards foreign travel has to be allowed in toto. The age of the assessee cannot be a determinative factor for restricting the foreign travel expenses. Therefore, we are unable to uphold the orders of the lower authorities. Accordingly, the addition made by the Assessing Officer to the extent of 1 lakh is deleted.- Decided against revenue Disallowance of depreciation on motor car - Held that:- It is not in dispute that the assessee himself added back 25% of the expenditure as personal in nature. When the assessee himself claimed the expenditure to the extent of 25% as personal in nature, this Tribunal is of the considered opinion that depreciation on motor car to the extent of 25% is also only for personal purpose. Therefore, it cannot be allowed while computing the professional income. In view of the above, this Tribunal do not find any reason to interfere with the order of the CIT(A). Accordingly, the same is confirmed.- Decided against revenue
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