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The Income Tax Officer Versus Dr. Zaheer Ahmed Sayeed

2016 (7) TMI 241 - ITAT CHENNAI

Addition being the difference in the FD amount as unexplained income from other sources - CIT(A) deleted the addition calling for information u/s 133(6) of the Act from the bank and found that the difference worked out by the Assessing Officer in the FD was reconciled - when the CIT(A) called for information by himself from State Bank of India, whether such information has to be treated as additional evidence filed by the assessee? - Held that:- This Tribunal is of the considered opinion that th .....

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confirmed. - Decided against revenue - Disallowance of travelling expenses - AO disallowed a sum of 1 lakh on the ground that the expenditure incurred by the assessee towards foreign travel cannot be for earning the professional income admitted by the assessee due to his old age - Held that:- The fact that the assessee is a neuro-physician is not in dispute. Being a practicing neuro-physician, the assessee has to update his knowledge in the field in which he is practicing. Therefore, age of .....

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avel has to be allowed in toto. The age of the assessee cannot be a determinative factor for restricting the foreign travel expenses. Therefore, we are unable to uphold the orders of the lower authorities. Accordingly, the addition made by the Assessing Officer to the extent of 1 lakh is deleted.- Decided against revenue - Disallowance of depreciation on motor car - Held that:- It is not in dispute that the assessee himself added back 25% of the expenditure as personal in nature. When the as .....

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Dated:- 13-4-2016 - Shri N. R. S. Ganesan, Judicial Member And Shri A. Mohan Alankamony, Accountant Member For the Department : Ms. H. Kabila, JCIT For the Assessee : Shri G. Seetharaman, CA ORDER Per N. R. S. Ganesan, Judicial Member The appeal of the Revenue and the cross objection of the assessee are directed against the order of the Commissioner of Income-tax (Appeals)-4, Chennai, dated 20.11.2015 for assessment year 2011-12. 2. Ms. H. Kabila, ld. Departmental Representative submitted that t .....

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ed during the relevant year itself. He further clarified that the matured FD was reinvested during the year and converted into another FD with principal amount of 10 lakhs. According to the ld. DR, when the CIT(A) obtained further information from the Branch Manager, State Bank of India, he ought to have given opportunity to the Assessing Officer to examine the same. Since no opportunity was given to the Assessing Officer, according to the ld. DR there was violation of Rule 46A. 3. On the contra .....

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when the CIT(A) called for details from the bank directly and examined the same, it is not necessary to give any opportunity to the Assessing Officer. According to the ld. Representative, the assessee has not filed any additional evidence/material before the CIT(A), therefore, there is no violation of Rule 46A. 4. We have considered the rival submissions on either side and also perused the material available on record. The Assessing Officer made addition of 54,78,656/- being the difference in t .....

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d by the assessee? 5. We have gone through the provisions of Rule 46A of the Income-tax Rules. Sub clause (4) of Rule 46A enables the CIT to call for the records or examination of any witness so as to enable him to dispose of the appeal by him on his own motion or on the request of the Assessing Officer. The evidence filed by the assessee under Rule 46A(1) has to be admitted after giving an opportunity to the Assessing Officer. However, when the CIT(A) himself called for the information and the .....

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Tribunal do not find any reason to interfere with the order of the CIT(A). Accordingly, the same is confirmed. 6. Now coming to the cross objection filed by the assessee, the first ground is with regard to disallowance of travelling expenses. 7. Shri G.Seetharaman, ld. Representative for the assessee submitted that the assessee claimed travelling expenses of 3,87,797/-. The Assessing Officer found that the assessee was an aged person, therefore, the expenditure incurred towards foreign travel wa .....

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DR submitted that the assessee is an aged person and he is having restrictive movement in India due to old age, therefore, the foreign travel expenditure cannot be for earning the professional income admitted by the assessee. Hence, the Assessing Officer has rightly disallowed a portion of the foreign travel expenses to the extent of 1 lakh. 9. We have considered the rival submissions on either side and also perused the material available on record. The assessee claimed foreign travel expenditur .....

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nowledge. The fact that the assessee travelled out of the country is not in dispute. The Assessing Officer himself allowed a part of the expenditure, therefore, it is not known why the remaining part of 1 lakh cannot be treated as expenditure for earning the professional income This Tribunal is of the considered opinion that a practicing professional has to update his knowledge irrespective of his age, therefore, the expenditure towards foreign travel has to be allowed in toto. The age of the as .....

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