TMI Blog2014 (1) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... the both ends of justice – Personal element can be seen in general office expenses and some what extent in conveyance expenses - decided against Assessee. - I.T.A. No.5562/M/2011 - - - Dated:- 5-6-2013 - Shri I. P. Bansal, JM And Shri Karunakara Rao, AM,JJ. For the Appellant : Shri Paras S. Sarla Ms. Neelam C. Jadhav For the Respondent : Shri Rajarshi Dwivedy, DR ORDER Per D. Karunakara Rao, AM:- This appeal filed by the assessee on 28.7.2011 is against the order of CIT (A)-25, Mumbai dated 30.5.2011 for the assessment year 2008-2009. 2. In this appeal, assessee filed raised the following grounds which read as under: "1. Addition on account of disallowance of business promotion expenses Rs. 2,25,015/- is unjustifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate authority, after considering the submissions of the Ld AR of the assessee, CIT (A) rejected the assessee's ground of appeal relating to the disallowance of business promotion expenses and a portion from para 4 of the impugned order is relevant in this regard which is as follows. "During the course of appellate proceeding, the Ld AR vehemently argued that it is a customary in the business of the assessee who offered a token of appreciation in form of silver coin for their excellency and cooperation and services throughout the yer. He was requested to provide evidence of silver coins distribution and also complete identity of persons to whom such silver coins were given and evidence as to business dealings with the assessee. He fairly a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Co. vs. ACIT, order dated 9th July, 2008. Para 5 of the said order of the Tribunal was relied upon by the Ld Counsel in respect of the claim of the assessee. 6. Per contra, Ld DR on this issue mentioned that the said para 5 of the order of the Tribunal does not indicate for the promotional expenses, which includes the expenditure incurred on silver coins. Therefore, the facts are distinguishable and hence, the issues cannot be considered as a covered one. In response, Ld Counsel could not demonstrate the similarity of the facts relating to AY 2003-2004 with that of AY 2008-2009. 7. We have heard both the parties and perused the orders of the Revenue Authorities as well as the cited order of the Tribunal in the assessee's own case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e first appellate authority, after considering the submission of the ld AR for the assessee, CIT (A) granted part relief to the assessee. Due to its importance, relevant portion of para 5 of the impugned order is reproduced which is as follows. "The Ld AR pointed out that AO is not justified in making such disallowance for the assessee having turnover of Rs 13.25 Crs and in particular for packing and forwarding expenses. It is seen that AO had not pointed out any specific defect or non-genuine character of any particular expenses. It is seen that assessee had claimed packing and forwarding expenses of Rs. 35,627/- on total turnover of Rs. 13.25 Crs. Disallowance of such expenses is totally unwarranted. Personal element can be seen in gene ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
