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2015 (5) TMI 1059

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..... sessee claimed expenditure relating to foreign travel. The assessee could not file any details. However, the bills and vouchers to the extent of ₹ 8,24,256/- were filed. In respect of the balance expenditure, no material was filed by the assessee. Therefore, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly confirmed the addition to the extent of ₹ 13,90,60/- on account of foreign travel. We do not find any infirmity in the order of the CIT(Appeals). Accordingly, the same is confirmed. Disallowance towards repairs and renewals - Held that:- The assessee claims that a sum of ₹ 25,88,711/- was incurred in repairs and renewals of compound wall, relaying of connecting roads and construction of te .....

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..... cted against the order of the Commissioner of Income Tax (Appeals) V, Chennai, dated 24.12.2013 and pertains to assessment year 2010-11. 2. Sh. Raghav Prasad, the Ld. representative for the assessee, submitted that the first issue arises for consideration is with regard to disallowance of business promotion expenses to the extent of ₹ 15,77,819/-. According to the Ld. representative, the assessee had to incur certain expenditure in entertaining the customers in the hotel. The payments were made through credit card. According to the Ld. representative, the Assessing Officer disallowed 30% of the expenditure on estimate basis. The CIT(Appeals) confirmed the same. On a query from Bench, how the expenditure incurred in payments t .....

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..... business of the assessee. The assessee however could not file the entire bills and vouchers before the Assessing Officer. The assessee was able to file bills and vouchers only to the extent of ₹ 8,24,256/-. Therefore, the Assessing Officer disallowed a sum of ₹ 13,90,620/-. On appeal by the assessee, the CIT(Appeals) confirmed the addition made by the Assessing Officer. According to the Ld. representative, the fact that the directors of the assessee-company undertook foreign travel is not disputed. Therefore, the entire claim of the assessee has to be allowed. 7. On the contrary, Shri S. Das Gupta, the Ld. D.R. submitted that inspite of repeated requests, the assessee could not file any bills and vouchers except .....

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..... as damaged due to heavy rain. The assessee has also constructed temporary dining hall for the workers in the factory. The Ld. representative submitted that the Assessing Officer disallowed the claim of the assessee on estimate basis and disallowed the sum of ₹ 15,53,226/-. However, on appeal by the assessee, the CIT(Appeals) found that the expenditure disallowed by the Assessing Officer is in the nature of capital, therefore, the Assessing Officer should allow depreciation. According to the Ld. representative, these expenses are revenue in nature. Therefore, the entire expenditure ought to have been allowed. 11. On the contrary, Shri S. Das Gupta, the Ld. D.R. submitted that the construction of dining hall for the workers, .....

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