TMI Blog2015 (10) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... he very fact that the entire expenses have not been claimed by the assessee would show that the assessee has gone by the terms of the agreement and claimed as reimbursement only expenses of ₹ 10830728/–. With respect to all other expenses which the assessee has to bear it by himself, we are of the opinion that they are business expenses which would be necessary in the course of the business and therefore revenue in nature and is allowable - Decided in favour of assessee. - ITA No. 4931/Mum./2012 - - - Dated:- 7-5-2015 - I P Bansal, JM Rajendra, AM,JJ. For the Petitioner : Shri Premanand J For the Respondent : Shri Hari S Raheja ORDER Per I P Bansal,JM. This appeal is filed by the Revenue and is directed agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and did not make any addition. Reference in this regard was made to the assessment order dated 30th January 2014, passed under section 143(3) of the Act. A copy of the order was placed on our record and was also given to the learned Departmental Representative. 4. The learned Departmental Representative did not controvert to the aforementioned position explained by the learned Counsel. 5. In this view of the situation, after hearing both the parties, we find that this issue is covered in favour of the assessee by the aforementioned decision of the Tribunal which was approved by the Hon'ble Bombay High Court and the Assessing Officer himself has admitted this issue in favour of the assessee as no addition has been made by him in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enses as per the manifest. The very fact that the entire expenses have not been claimed by the assessee would show that the assessee has gone by the terms of the agreement and claimed as reimbursement only expenses of ₹ 10830728/ . With respect to all other expenses which the assessee has to bear it by himself, we are of the opinion that they are business expenses which would be necessary in the course of the business and therefore revenue in nature and is allowable. 12. In the result, the appeal filed by the assessee is allowed and the Revenue s appeal is dismissed. 6. It will be also relevant to reproduce the observations of their Lordships of the Hon'ble Bombay High Court in the aforementioned decision dated 19th March 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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