9911796707
TMI Blog2013 (7) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... even when business activity had ceased and drillship had left India waters in April 2007. 2. Whether on the facts and circumstances of the case, the C1T(A) has erred in holding that the long period absence of drill ship can be termed as full business activity, when in fact the contract had terminated and Drillship had left Indian waters. 3. Whether on the facts and circumstances of the case the CIT (A) has erred in holding that the expression 'for the purpose of business' is wider in scope, then the expression 'for the purpose of earning profits'. 4. Whether on the facts and circumstances of the case, the CIT(A) has erred in allowing the expenses of personnel despite business having ceased. 5. The appellant prays for leave to add, amen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove, assessee's representative contended that there was a temporary lull in the business and not a complete cessation of business activities by the assessee company. The AR further contended that the Assessing Officer has not pointed out any specific defects in the claim of expenses for any consideration of the genuineness of the expenses claimed and the Assessing Officer took a hyper technical approach in disallowing the genuine expenses claimed by the assessee. The AR placed reliance on the judgment of Hon'ble Jurisdictional High Court of Delhi in the case of Commissioner of Income Tax vs Anita Jain(2009) 182 Taxman 173(Del) and another judgment of Hon'ble High Court of Madras in the case of L. Ve. Vairavan Chettiar vs Commissioner of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d if it is not proved that there is a complete cessation of activities. Also the Ld. AO has not pointed out specific defects in the claim, expenses for any consideration about the genuineness of expenses claimed. Thus keeping in view the conspectus of facts it is held that the Appellant was merely going though a temporary lull in business activities and the business was very much alive. Thus the expenses claimed are allowed. In view of this, the appellant succeeds with respect to ground of appeals numbers 1 and 2." 5. In view of above and respectfully following the judgment of Hon'ble Jurisdictional High Court of Delhi in the case of Anita Jain (supra), we hold that the Assessing Officer ignored the very fact that there was a temporary lul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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