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TMI Blog2021 (7) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... application on the ground that the documents annexed with the application are neither certified nor have been filed before the tribunal and the Assessing Officer. It has further been held that no application for admission of additional evidence along with documents was filed. As held by the tribunal that no cognizance can be taken of the document along with the documents filed by the assessee. Thus, in the absence of any document on record, all the authorities have rightly disallowed the credit card expenses. Similarly, in the absence of any evidence on record, the disallowance of business development expenses and disallowance of foreign travel expenses has been upheld. Whether the assessee has added a sum as provision for wealth t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der on the facts and circumstances of the case. (3) Whether the Tribunal was justified in law in upholding the disallowance of foreign travel expenses of ₹ 37,18,705/- incurred wholly and exclusively in earning the income and consequently passed a perverse order on the facts and circumstances of the case. (4) Whether the authorities below disallowed the Traveling expense to an extent of ₹ 37,18,705/- on the ground that there was no necessity to incur such expenses which finding is contrary to the well settled principles that necessity is not essential for allowance under section 37 of the Act and consequently passed a perverse order on the facts and circumstances of the case. (5) Whether the Tribunal was justif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r short). The tribunal by an order dated 24.07.2017 remitted the issues with regard to disallowance under Section 40(a)(iia) of the Act remitted the matter to the Assessing Officer, however, with regard to remaining issues the order of the Commissioner of Income Tax (Appeals) was upheld. In the aforesaid factual background, this appeal has been filed. 4. Learned counsel for the assessee with regard to claim of the assessee for disallowance of credit card expenses submitted that the audited books of accounts of the assessee were not rejected by the Assessing Officer and therefore, adhoc disallowance could not have been made by the Assessing Officer. It is also pointed out that for the subsequent year claim with regard to disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nses incurred by the assessee for the purposes of business and burden is on the assessee to prove the fact that the assessee had incurred expenditure for business under Section 37(1) of the Act. It is further submitted that findings of fact have been recorded by all the authorities under the Act on meticulous appreciation of evidence on record which do not suffer from any infirmity warranting interference in this appeal. 6. We have considered the submissions made by learned counsel for the parties and have perused the record. The Assessing Officer with regard to claim disallowance of 50% of credit card expenses has held that the assessee has not adduced any evidence that drawings made by the Directors through their personal credit card a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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