9911796707
TMI Blog2020 (7) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In assessee's appeal, the assessee has challenged the disallowance of Rs. 15,96,083/- towards travelling expenses; whereas, the Revenue has challenged the deletion of disallowance of Rs. 13,44,93,968/- made u/s. 14A of the Act read with rule 8D. 3. In so far as, the assessee's appeal is concerned, the facts in brief are that, the assessee is a public limited company and Government of India Public Sector Enterprises under Ministry of Commerce. It is involved in trading and import and export of various bulk commodities, such as metals/minerals, nonferrous metals, fertilizers, agro products, general trade and hydrocarbons, etc. It is also into import of gold and silver under OGL and also into manufacturing of gold and silver items. Durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after completion of official work. 6. Before us Ld. Counsel for the assessee submitted that entire details were furnished before the AO as well as before the Ld. CIT (A) regarding foreign travel of the directors and employees and detailed chart was furnished before the Assessing Officer, the copy of which is appearing in the paper book at pages 52 to 54. In the said chart, the assessee has given the details of employees, like names and designations of employees, country visited, period of visit, TA, DA paid and further details of expenditure of air fare, miscellaneous expenses, etc. After furnishing of such voluminous details, such kind of ad-hoc disallowance cannot be made. Further, it was stated that out of Rs. 1,59,60,835/-, sum of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpenses, air fare, etc. These foreign travels have been for the trading purpose, conferences, training etc. Once the assessee has given very specific details of each and every employee, then without pointing out any specific discrepancy, no disallowance can be made. Apart from that, the reasoning given by the Ld. CIT (A), whether the presence of officials was required or not and how much that official has over stayed after completion of the official work is only based on presumption and surmise which cannot be upheld when the employees and directors were going official purpose. Being a PSU and under aegis of GOI, there cannot be an element of personal use of the company and therefore, such ad-hoc disallowance cannot be made and same is dire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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