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2018 (4) TMI 175

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..... Addition on account of foreign travel expenses - two staff members who have travelled were related to the Directors of the assessee company - Held that:- Merely because of the fact that such disallowance cannot be made merely on the ground that two of the staff members, who have travelled for business purpose, were related to Director of the assessee company, the same cannot be disallowed merely on the basis of estimation without going into the detail and purpose of expenses by the AO. So, we are of the considered view that ld. CIT (A) has merely restricted the addition to 50% instead of 25% made by the AO following his own order passed in AY 2008-09 in assessee’s own case which is stated to have not been challenged further. So, again, we f .....

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..... red in deleting the addition of ₹ 1,62,629/- made by the AO on account of disallowance of Business Promotion Expenses. 3. On the facts and circumstances of the case the Ld. CIT (A) has erred in law in restricting the addition to ₹ 5,57,712/- out of total addition of ₹ 11,51,424/- made by AO on account of Disallowance of Foreign Travelling Expenses. 4. On the facts and circumstances of the case the Ld. CIT(A) has erred in deleting the addition of ₹ 61,00,000/- made by AO on account of income from undisclosed sources on sale of flat at Charmwood Village, Faridabad. 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : During the scrutiny proceedings, Assessing Offic .....

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..... 4. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. GROUND NO.1 5. Ground No.1 is general in nature, hence does not require any adjudication. GROUND NO.2 6. Bare perusal of page 2 para 2 of the assessment order goes to show that the AO has made disallowance without disputing the business promotion expenses, claimed by the assessee company, on estimation basis which is otherwise not permissible under law, particularly when expenditure which have admittedly been incurred through credit card. Moreover, ld. CIT (A) has rightly recorded the finding th .....

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..... ated to have not been challenged further. So, again, we find no illegality or perversity in the findings returned by the ld. CIT (A). Ground No.3 is determined against the Revenue. GROUND NO.4 8. Undisputedly, during the search and seizure operation conducted u/s 132 of the Income-tax Act, 1961 (for short the Act ) at the premises of M/s. Shiv-Vani Group and its associates and its Directors, certain documents were seized and one such document was qua property bearing space no.4 measuring 4,395 sq.ft. on the 7th floor of the building Royal Retreat-II, Charmwood Village, Sohna Road, Faridabad having been purchased by one M/s. Quantum Vinimay Pvt. Ltd. for consideration of ₹ 2,56,00,000/- and property registered for ₹ 1, .....

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