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TMI Blog2021 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... o the assessee by the Bank, the same is sought to be taken on record as additional evidence, and based on which, the claim of the assessee is to be allowed - since this detail was not made available to the AO at the time of assessment, and the AO has no occasion to consider the same, therefore in the interest of justice, we restore the issue back to the file of the AO to consider allowability or otherwise of claim - Appeal of the assessee is allowed for statistical purpose. - ITA No.2705/Ahd/2017 (Asstt.Year : 2012-13) - - - Dated:- 15-6-2021 - SHRI RAJPAL YADAV, VICE-PRESIDENT Assessee by : Shri Pritesh Shah, CA Revenue by : Shri S.S. Shukla, Sr.DR ORDER Assessee is in appeal before the Tribunal against order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim of the assessee by holding that conditions enumerated in section 10(5) did not allow assessee to claim exemption where the LTC amount has been spent on foreign travel at foreign destination outside India. The ld.AO added the amount of ₹ 2,94,594/- to the total income of the assessee. Dissatisfied with the action of the ld.AO, the assessee went in appeal before the ld.first appellate authority, who after going through the provisions of section 10(5) of the Act confirmed by the order of the AO. Still aggrieved, the assessee is now before the Tribunal. 4. Before me, the ld.counsel for the assessee filed written submissions. In the written submissions, the assessee inter alia pleaded that the assessee was under bona fide belief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act is very clear in this behalf that no exemption is available for the amount spent on foreign travel journey out of LTC, and therefore, there is no merit in the claim of the assessee. 6. On due consideration of the facts and circumstances, and on perusal of the material available on record, I find that the assessee has availed LTC, which he spent on travelling both in India and abroad, which the assessee has not denied. The case of the assessee is that the assessee is entitled for exemption under section 10(5) of the Act atleast for the portion of the LTC amount spent on traveling in India. However, he could not furnish the details of break-up of the same due to some administrative constrains explained in his written submissions. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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