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2016 (3) TMI 170 - ITAT MUMBAI

2016 (3) TMI 170 - ITAT MUMBAI - [2015] 44 ITR (Trib) 182 (ITAT [Mum]) - Disallowance of foreign travel expenses - Held that:- There is no dispute on the genuineness of the expenditure in both years. The dispute is only with regard to the employees travelling to the shareholders meet where the employees are not the shareholders. The business purposes of the assessee are not sufficiently and adequately demonstrated before us. Therefore, we are of the opinion, both appeals should be remanded for o .....

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of assessee for statistical purposes. - I. T. A. Nos. 4547 and 4548 /Mum/ 2010 (assessment year 2003-04). - Dated:- 11-9-2015 - D. KARUNAKARA RAO (Accountant Member) and AMIT SHUKLA (Judicial Member) R. S. Chokshi and Smt. M. K. Patel for the appellant. S. T. Bidari for the respondent. ORDER The order of the Bench was delivered by 1. D. Karunakara Rao (Accountant Member).-There are two appeals under consideration involving common issue relating to the disallowance of foreign travel expenses. Th .....

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by M/s. P.T. South Specific Viscose, Indonesia. This is a shareholders' meet and the assessee sent Shri Agarwal for the said meet of the joint venture. The expenses incurred by the assessee in respect of Shri Agarwal's aforesaid foreign travel were disallowed by the Assessing Officer rejecting the assessee's contention questioning the business purposes. While, these are the facts for the assessment year 2003-04, the facts for the assessment year 2005-06 are also more or less the sam .....

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nder section 37 of the Act. Again aggrieved with the said decision of the Commissioner of Income-tax (Appeals), the assessee is in further appeal before the Tribunal for both assessment years under consideration. 4. During the proceedings before us, learned counsel for the assessee submitted that the travel was undertaken by the employees of the company and not by the management or by their spouses. In such circumstances, the assessee had rightly booked the said expenses as the business purposes .....

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