TMI Blog2018 (7) TMI 1996X X X X Extracts X X X X X X X X Extracts X X X X ..... e on this issue. Under these circumstances, the addition on account of credit card expense in respect of the captioned assessment years deserves to be deleted. - Decided in favour of assessee. - ITA No. 976/Del/2015 AY: 2006-07 - - - Dated:- 31-7-2018 - Shri N.K. Saini And Shri Sudhanshu Srivastava, JJ. Department by: Ms Harsimran Grewal, Adv. Assessee by: Shri S.S. Rana, CIT DR ORDER Sudhanshu Srivastava, This appeal filed by the assessee is directed against the order passed by the Ld. CIT(A)-23, New Delhi dated 19.1.2015 for assessment year 2006-07 and the sole issue being disputed by the assessee is the action of the ld. Commissioner of Income Tax(A) in directing the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t on this page in para 5.3 of the said order. 3. In response, the ld. C.I.T. DR submitted that the order of the Assessing Officer as well as the ld. Commissioner of Income Tax(A) ought to be upheld as it could not be demonstrated that the impugned expenditure was for business purposes and not personal expenditure and, therefore, it was perquisite in the hands of the assessee. It was also submitted that incriminating documents had been seized from the office of M/s Jay Polychem India Ltd. which were respectively Annexures A-5, A-7, AA-1 wherein the credit card expenses were mentioned. Reliance was placed on the judgment of the Hon ble Apex Court in the case of CIT vs Mukundray K. Shah reported in 429 ITR 233(SC) and another judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is order in the assessee s own case being followed and has also cited certain judicial precedents as laid down by the Hon ble Apex Court. We are afraid that the case laws cited by the ld. CIT DR are distinguishable on facts and also considering the fact that similar addition had been deleted by the Coordinate Bench of the ITAT in assessee s own case for assessment years 2007-08 to 2012-13 in ITA No. 690, 691, 692, 693, 694 and 977/Del/2015, respectfully following the same, we allow the grounds raised by the assessee and direct the Assessing Officer to delete the impugned addition. 5. In the result, the appeal of the assessee stands allowed. Order pronounced in the Open Court on 31st July, 2018. - - TaxTMI - TM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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