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2014 (4) TMI 24

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..... – Admission of additional evidences – Held that:- CIT(A) was of the view that primary purpose of directors’ visit was to meet Senior Vice President of Fairbank Morse in support of which copies of relevant e-mails were produced before the CIT(A) - The assessee had also produced before the CIT(A) the evidence of other business meetings in Indianapolis and Munich - the foreign travel undertaken by the two directors who were actually engaged in the business of the assessee was for the purpose of business – thus, there is no need to interfere with the order of CIT(A) – Decided against Revenue. - ITA No. 5105/Del/2013 - - - Dated:- 7-3-2014 - Shri G. D. Agrawal And Shri Chandra Mohan Garg,JJ. For the Appellant : Shri Satpal Singh, Sr.D .....

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..... es judicata against the assessee in the subsequent year because in the subsequent year, if the disallowance is more, the assessee reserves his right to contest the same. 5. We have carefully considered the submissions of both the sides and perused the material placed before us. As rightly pointed out by the learned DR, in view of the decision of Hon'ble Jurisdictional High Court in the case of Maxopp Investment Ltd. (supra), the matter is required to be sent back to the file of the Assessing Officer for recomputation of disallowance under Section 14A, without applying Rule 8D. However, it is requested by the assessee s counsel that due to smallness of the addition, instead of setting aside, the addition may be sustained. In view of t .....

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..... the arguments of both the sides and perused the material placed before us. Learned CIT(A) deleted the disallowance of foreign travel expenses with the following finding:- 6.2 Regarding the ground NO.6 to 9 of the appeal, the appellant has filed details relating to foreign travel of the two Directors of the company, Mrs. Usha Ahuja and Mr. V.K. Ahuja. The ld. Counsel informed that both the Directors are actively engaged in the business of the company. The appellant company is associated with M/s Kirloskar Engines Ltd. and is exclusive marketing associate of M/s S.E.M.T. Peilstick, France for marine application. The primary purpose of the Director s foreign visit was to meet Sr. Vice President of Fairbank Morse in support of which copies .....

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