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TMI Blog2019 (6) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer is not maintainable as the assessee deposited the said contribution before due date of filing return of income - Decided against revenue Disallowance on account of foreign tour allowance and foreign tour expenses - CIT(A) held that in absence of any specific findings or rejection of books of accounts, disallowance made thereon is not in accordance with law - HELD THAT:- The facts remain admitted that there was no evidence before the CIT(A) which clearly shows that no reference whatsoever made by him in the impugned order regarding any specific evidence showing details of foreign tour allowance and identity and purpose of visits relating to foreign tour expenditure. Therefore when there is no evidence relating to the issue on ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de by the Assessing Officer to the extent of ₹ 11,54,825/- whereas, in our opinion, it is reasonable taking into considering the investments which yielded exempt income. The relevant portion of CIT(A) is reproduced hereinbelow: "For this proposition, reliance was palced by the A/R on decisions in the case of M/s. Balarampur Chini Mills Ltd. vs. DCIT in ITA No.504/k/2011 for Assessment Year 2008- 09 dated 29.07.2011; and by the High Court of Gurjarat in case of CIT v. Suzlon Energy Ltd. [2013] 215 Taxman 272/33 taxmann.com 151. Similar view has also been taken by the Bombay High Court in the cases of Reliance Utilities & Power Ltd. (313 ITR 340) & CIT vs. HDFC Bank (383 ITR 529), Gujarat High Court in the case of CIT vs. UTI Bank Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed paragraphs, we find no infirmity in the order of the CIT(A) and it is justified. Ground No.1 raised by the Revenue is dismissed. 5. Ground No.2 is relating to deletion of addition made on account of Employees' Contribution towards provident fund. 6. The Assessing Officer disallowed an amount of ₹ 7,10,013/- for not depositing the employers contribution before due date as per relevant provision. The CIT(A) by placing reliance in the case of CIT vs. M/s. Vijay Shree Limited in ITA No.245 of 2011 of Hon'ble High Court of Calcutta, deleted the addition by observing that the disallowance made by the Assessing Officer is not maintainable as the assessee deposited the said contribution before due date of filing return of income, the rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the assessee was spent and whether such expenses can be considered as business expenses of the assessee. Further the Assessing Officer held that the assessee failed to provide the identity of the person going on foreign travel. The purposes of such travel are not substantiated, the genuineness and business exigency of such foreign tour. Therefore, it is clear that there was no evidence to show the foreign tour allowance was incurred towards business expenditure and foreign expenditure was incurred towards business exigency by identifying the persons and the purpose of foreign visits. The CIT(A) discussed the issue at Page No.18 where it is noted that the CIT(A) deleted the said disallowance made by the Assessing Officer by holding th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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