9911796707
TMI Blog2015 (4) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... portunity of being heard. Appeal allowed for statistical purposes. - I.T.A .No.-322/Del/2007, 943/Del/2008 - - - Dated:- 29-4-2015 - Smt Diva Singh And Sh. I.R.Rao, JJ. Appellant by Sh.K.M.Gupta, Adv. Respondent bySh.Sanjay Prasad, CIT DR ORDER Diva Singh, JM These two appeals of the assessee and the Revenue in 2003-04 and 2004-05 Assessment Years against the orders of CIT(A)-X dated 15.11.2006 and 19.12.2007 respectively have been remitted by the Hon'ble High Court back to the Tribunal vide their consolidated order dated 01.06.2007 in ITA Nos.- 322/Del/2007, 124/2008, 133/2008, 155/2008 and 1283/2010 on one issue only. Accordingly for the sake of convenience the issues are being decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is reproduced hereunder for ready- reference:- 2. The assessee company continues to derive income from the business of sale and service of computer software, development of software and rendering consultancy and other services. The assessee company was granted registration under STP-I vide order dated 21.03.2000 for development center at Pune. The assessee company is developing software for selling it to its parent company M/s Unigraphics Solutions Inc., USA. 4. The assessee company has incurred an expenditure of ₹ 51,71,028/- on foreign travelling in the units other than the STP-I unit. The assessee was specifically required to furnish the details of foreign travel along with purpose of the travelling. In its explanatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling in the units other than the STP-I unit. The assessee was specifically required vide order sheet entry dated 15.11.2006 to furnish the details of foreign travel along with purpose of the travelling. In its explanation, the assessee company had claimed that all the journeys have been undertaken for the purposes of business and has provided reasons thereof vide its submission dated 22.09.2006. The assessee company is also running an STP-I unit on which it had claimed deduction u/s 10A of the IT Act, 1961 and the expenditure on travel cannot be properly bifurcated. This issue has been discussed at length during the proceedings for the AY 2001-02 and 2002-03 and 2003-04 wherein 50% of the expenses of travelling were disallowed. The additio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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