TMI Blog2015 (6) TMI 1124X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act, 1961. See Om Intercontinental vs. ACIT[2013 (4) TMI 793 - ITAT MUMBAI ]. Therefore we delete the addition and appeal filed by the assessee is allowed. - ITA No. 7495/MUM/2013 - - - Dated:- 3-6-2015 - I. P. Bansal (Judicial Member) And Rajendra (Accountant Member) For the Appellant : Deepak K. Parekh For the Respondent : Asghar Zain ORDER I. P. Bansal (Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not be disallowed under section 37 of the Income Tax Act, 1961 (the Act). To support such contention, reliance was placed on the decision of Tribunal dated 25/4/2013 in the case of Om Intercontinental vs. ACIT in ITA No.2310/Mum/2012 2311/Mum/2012, in which similar proposition was accepted and reference was made to the following observations of the Tribunal. 5. At the outset, it is the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .8/2005 dated 29/8/2005 it was held that once FBT is levied on expenses incurred, it follows that the same are treated as fringe benefit provided by the assessee as employer to its employees and the same have to be appropriately allowed as expenditure incurred wholly and exclusively by the assessee for the purpose of its business. No contrary decision has been brought to our notice in this regard. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R. 3. On the other hand, Ld. DR relied upon the order passed by Ld. CIT(A). 4. We have heard both the parties and their contentions have carefully been considered. The assessee has submitted the details, according to which foreign travel expenses were subjected to FBT. Therefore, following the aforementioned decision, relevant observations of which have already been reproduced, we delete the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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