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TMI Blog2014 (6) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... s completed at a total income of Rs. 8230478/-, inter-alia, making disallowances/s on account of following expenses: 1) Foreign travel expenses Rs. 1,93,000/- 2) Professional fees Rs. 8,62,290/-. 3. The assessee preferred appeal before ld. CIT(A), who, while partly allowing the assessee's appeal, confirmed the above two disallowances. 4. Being aggrieved with the order of ld. CIT(A), the assessee is in appeal before us and has taken following grounds of appeal: 1. "That on facts and under the circumstances of the case, the Commissioner (Appeals) is not justified in holding that the assessee was not entitled to the deduction of foreign traveling expenses of Rs. 1,93,000/-; 2. That on facts and under the circumstances of the case, the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of the view that the finding arrived at by the CIT(A) cannot be upheld by us. A perusal of the impugned order shows that the business purpose of the foreign trip has been accepted by the AO who has allowed expenses pertaining to air travel and hotel etc. and has disallowed the claim of the assessee to the extent of Rs. 3.14 lakh odd out of Rs. 10 lakh odd for want of necessary evidence. The claim before the CIT(A) and before us has been that petty expenses have been incurred however it could not be supported by vouchers. A perusal of page 7 of the impugned order shows that the assessee has contended that the said amount pertained to local taxi hiring charges, snacks, newspapers and magazines and other miscellaneous expenses which assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore lower revenue authorities. Therefore, the agreement filed by assessee dated 17th October, 2006 is admitted. We find that in para 8, Tribunal has observed as under: 8. "We have heard the rival submissions and perused the material available on record. It is seen that the claim of payments to Mr. Sagnik Goswami is a recurring issue and in the circumstances it is considered appropriate to restore the issue back to the file of the AO to take into consideration the contract and agreement, copy placed at pages 20-30 in the paper book showing that Mr. Sagnik Goswami has been offered the appointment as a consultant to the assessee. The said document is relevant and crucial and since this is a recurring issue, it should be taken into considerat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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