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TMI Blog2014 (1) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT(A) set aside and the AO is directed to make the disallowance of 25% of the sundry expenses – Decided partly in favour of Assessee. - I.T.A. Nos. 750, 751 & 752/Mum/2010 - - - Dated:- 7-3-2012 - Shri T. R. Sood And Shri Vijay Pal Rao,JJ. For the Appellant : Shri Y. P. Trivedi Ms. Usha Dalal For the Respondent : Shri R. K. Lalali ORDER Per T. R. Sood, AM:- In all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f those orders have also been filed at pages 9 to 25 of the paper book. 3. On the other hand, Ld. DR relied on the orders of the CIT(A) and the AO. 4. After considering the rival submissions carefully, we find that an identical issue came up for consideration before the Tribunal in the case of M/s. N. Jamnadas Co. vs. ACIT [supra] and the issue was decided vide paras 7 8 which are as under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, Business expenditure Allowability of Block period 1-4-1989 to 16-11-1999 Whether payment of speed money to dock workers of Port Trust for expediting process of loading/unloading of ships is a legitimate business expenditure Held, yes Whether such payment is not an illegal payment or a payment opposed to public policy as dock workers are not Government employees Held, yes Whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een paid to government employees. In the absence of details we follow the guidelines laid down in the case of A.P.L. (India) P. Ltd. (supra) and hold that 25% of the expenditure is hit by the Explanation to section 37(1) and the same is required to be disallowed. This proposal was given in the open Court and accepted by the learned senior Advocate on behalf of the assessee. Therefore, we set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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