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Issues:
1. Disallowance of foreign travelling expenses for training purposes. 2. Addition of directors' travelling expenses. 3. Addition of audit fee and legal expenses. 4. Disallowance of claim under section 80J for the new unit at Bangalore. 5. Disallowance of depreciation claim on fixtures to imported cars. Issue 1: Disallowance of Foreign Travelling Expenses for Training Purposes: The appeal contested the disallowance of Rs. 57,303 for foreign travelling expenses incurred by engineers for training purposes in West Germany. The Reserve Bank of India permitted the expenses for only two persons, leading to the disallowance. The assessee argued that the training was essential for upgrading technology, but the Tribunal upheld the disallowance. The Tribunal reasoned that the training was for manufacturing special types of piston rings not previously made in India, as per the Reserve Bank's application. The Tribunal rejected the claim, emphasizing the inconsistency in the purpose of training presented to different authorities. Issue 2: Addition of Directors' Travelling Expenses: The addition of Rs. 24,593 in directors' travelling expenses was contested. The expenses related to a visit to West Germany for capital collaboration. The Commissioner of Income-tax (Appeals) upheld the addition, considering it as affecting the capital structure. The Tribunal referred to legal precedents where expenses for capital-related activities were not considered revenue expenditure. Hence, the appeal on this ground was rejected. Issue 3: Addition of Audit Fee and Legal Expenses: The contention was against the addition of Rs. 20,000 in audit fee and legal expenses. The Commissioner of Income-tax (Appeals) accepted the plea partially, directing the assessing officer to allow expenses incurred after the commencement of production. The Tribunal found no valid grievance from the assessee, as the expenses before the business commencement needed to be capitalized, while post-production expenses were allowable as revenue expenditure. Issue 4: Disallowance of Claim under Section 80J for the New Unit at Bangalore: The claim under section 80J for the new unit at Bangalore was contested. The issue was restored to the assessing officer by the Commissioner of Income-tax (Appeals) for further examination. The Tribunal noted that if the expenses prior to the new unit's commencement were capitalized, the assessee would not be prejudiced. Therefore, no relief was granted to the assessee on this ground. Issue 5: Disallowance of Depreciation Claim on Fixtures to Imported Cars: The appeal on disallowance of Rs. 1856 representing depreciation claim on fixtures to imported cars was allowed by the Tribunal, aligning with a previous order in the assessee's case for other assessment years. The Tribunal directed the allowance of the depreciation claim, consistent with past decisions. In conclusion, the Tribunal partly allowed the appeal based on the detailed analysis and considerations of each issue raised in the judgment.
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