TMI Blog2011 (11) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 21.01.2010 the following substantial question of law was framed:- Whether the Income Tax Appellate Tribunal, after holding that the Commissioner of Income Tax (Appeals) had erred in deleting the penalty under Section 271(1)(c) of the Income Tax Act, 1961, could have given further direction restoring the matter to the file of the Assessing Officer for deciding the issue afresh and directing the assessee to furnish full details of the travelling expenses. 2. The respondent-assessee had filed return declaring loss of Rs. 9,81,50,987/- on 27.11.2003 for the assessment year 2003-04. 3. The Assessing Officer vide order dated 30.03.2006 computed the total income of the assessee at a loss of Rs. 9,33,25,287/-. The Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout any firm substance and material to show that the account books were unreliable or had false entries. It was also pointed out that in the quantum assessment proceedings, the assessee was unable to reply to the communications because of lack of time and failure to provide adequate opportunity. The CIT(A) held that the failure to justify foreign tour by the directors or the employees cannot be equated with furnishing of inaccurate particulars of income and/or the concealment of income. 6. On the appeal filed by the Revenue, the Income Tax Appellate Tribunal in respect of the foreign tour expenses has directed as under:- .So far as disallowance of traveling expenses of Rs. 11.48 lac is concerned, the AO has asked the assessee to subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty. As we have already confirmed the action of the CIT(A) with reference to deletion of penalty on account of GP addition, and has set aside the order of CIT(A) in respect of penalty levied for disallowance of traveling expenses, the CO is allowed in part. 7. It is clear from the said reasoning that one of the grievances which had appealed to the Tribunal was that the assessee was not granted sufficient and adequate opportunity to establish their claim with regard to the foreign travel expenses i.e. whether the said expense is allowable under Section 37 of the Act? Therefore, the Tribunal, while setting aside the order of the CIT(A) on the question of foreign travel expenses, had remitted the matter to the Assessing Officer be decided ..... X X X X Extracts X X X X X X X X Extracts X X X X
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