A.C.I.T.CC - III,kOL, Kolkata V. M/s Apeejay Surendra Park Hotels Ltd., Kolkata

ITA 12/KOL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99880 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 02-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIRAJ KUMAR
• Section: 143(3); 153A; 14A; 37; 132; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 12 / KOL / 2013 ASSESSMENT YEAR :2004-05 M/S NARESH KUMAR & CO. PVT. LTD. 9B, WOOD STREET, KOLKATA 700 016 [ PAN NO.AABCN 2864 P ] V/S . JCIT (OSD), CENTRAL CIRCLE-XX, KOLKATA /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI RAVI TULSIYAN, FCA /BY RESPONDENT SHRI NIRAJ KUMAR, CIT-DR /DATE OF HEARING 29-09-2015 /DATE OF PRONOUNCEMENT 16-10-2015 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF ORDE R OF COMMISSIONER OF INCOME TAX (APPEALS) CENTRAL-III, KOLKATA IN APPEAL NO.255/CC-XX/CIT(A)C- III/11-12/KOL. DATED 26.11.2012. ASSESSMENT WAS FRA MED BY JCIT(OSD),CC- XX., KOLKATA U/S 144 OF THE INCOME TAX ACT, 1961 (H EREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORDER DATED 26.12.2011 FOR ASSE SSMENT YEAR 2004-05. 2. THE ISSUE RAISED BY ASSESSEE IN HIS APPEAL IS TH AT LD. CIT(A) HAS CONFIRMED THE ORDER OF ASSESSING OFFICER BY SUSTAIN ING THE DISALLOWANCE OF RS.12,47,860/- ON ACCOUNT OF FOREIGN TRAVEL HAVING NO NEXUS WITH THE BUSINESS OF ASSESSEE. ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 2 3. BRIEFLY STATED FACTS ARE THAT ASSESSEE IS A PRIV ATE LIMITED COMPANY AND IS IN THE BUSINESS OF TRANSPORTATION AND CO-ORDINATION OF COAL. ON 13-01-2010 THERE WAS A SEARCH OPERATION CONDUCTED IN THE BUSIN ESS PREMISES OF ASSESSEE U/S 132 OF THE ACT. IN PURSUANT TO SEARCH ASSESSING OFFICER ISSUED NOTICES U/S. 153A/153(2)/142(1) OF THE ACT UPON ASSESSEE. THE AS SESSEE WAS CALLED UPON TO SUBMIT VARIOUS DETAILS ON DIFFERENT DATES, HOWEV ER NO SUBSTANTIAL DETAILS WERE FURNISHED BEFORE AO FOR COMPLETING ASSESSMENT UNDER THE ACT. ONLY SOME DETAILS WERE FURNISHED BY ASSESSEE WHICH WERE NOT SUFFICIENT ENOUGH TO MAKE THE ASSESSMENT IN SCIENTIFIC MANNER. SO IN THE ABSENCE OF INFORMATION AND CO-OPERATION FROM THE ASSESSEE THAT THERE WAS N O OPTION AVAILABLE TO AO BUT TO COMPLETE THE ASSESSMENT TO THE BEST OF HIS J UDGMENT AS PROVIDED U/S 144 OF THE ACT. ACCORDINGLY, AO ESTIMATED INCOME AT RS. 6.00 CRORES BY MAKING CERTAIN ADDITION AND DISALLOWANCES AND DEMAN DED REMAINING TAX ACCORDINGLY. THE AO MADE THE CERTAIN OBSERVATION FO R MAKING THE DISALLOWANCES AND ADDITION AS ENUMERATED UNDER : 1. DETAILS OF INVESTMENTS IN SHARES & SECURITIES W ERE CALLED FOR. PERUSAL OF THE REPLY DATED 17.10.11 INDICATED THAT THE ASSE SSEE WAS IN POSSESSION OF 4,25,000 EQUITY SHARES OF ARYAN ENERS GY P LTD., AS ON 01.04.2003. DUING THE YEAR FURTHER PURCHASE OF 2,08 ,000 SHARES WERE MADE ON 26.03.2004 AND 2,04,000 SHARES WERE SOLD ON 20.08.2003, 11.09.2003 & 25.11.2003. NEITHER THE P&L ACCOUNT OF THE ASSESSEE NOR ITS COMPUTATION OF INCOME REFLECTED ANY COMPUTATION OF CAPITAL GAINS/LOSSES TO THIS EFFECT. EVIDENTLY, IT WAS HIGH LY IRREGULAR. 2. SIMILARLY, TRANSACTIONS OF SHARES OF M/S KARTIKA Y COAL WASHERIES P LTD WERE NOT REPORTED IN THE P&L ACCOUNT OR IN COMP UTATION OF INCOME. 3. NO DISALLOWANCE U/S. 14A OF THE ACT WAS MADE AND COPIES OF BANK ACCOUNTS WRE NOT PROVIDED FOR EXAMINATION OF SOURCE S OF INVESTMENTS. 4. NO RECONCILIATION WAS PROVIDED IN RESPECT OF EMP LPOYERS CONTRIBUTION TO PF AS PER TAR & THAT AS PER P&L ACCOUNT. 5. AS PER 21(B) OF TAR SERVICE TAX, EDUCATION CESS ETC., COLLECTED, WERE NOT ROUTED THROUGH P&L ACCOUNT. DETAILS OF PAYMENT OF SUCH DUTIES WERE ALSO NOT PROVIDED. THIS IS HIGHLY IRREGULAR. 6. IN ORDER TO VERIFY CREDIT OF TDS CLAIMED VIS--V IS INCOME DISCLOSED, THE ASSESSEE WAS ASKED TO SUBMIT FOLLOWING DETAILS:- ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 3 DETAILS OF TDS CERTIFICATES FOR EACH DEDUCTING AUTH ORITY IN THE FOLLOWING MANNER (WITH ALL CLOUMN TOTALS) FOR EACH YEAR: NAMES OF THE DEDUCTORS TOTAL TDS DEDUCTED TOTAL RECEIPTS AS PER TDS CERTIFICATE CORRESPONDING RECEIPTS AS PER ACCOUNTS REASON FOR DIFFERENCE, IF ANY HOWEVER, SUCH DETAILS WERE NOT PROVIDED. 7. DETAILS OF FOREIGN TRAVEL INDICATED THAT SRI ARJ UN KUAMR HAD UNDERTAKEN FOREIGN TRAVEL, FOR WHICH RS.12,47,860/- WAS SPENT. APPARENTLY, THE ASSESSEE DID NOT GAIN ANY FOREIGN C ONTRACT. NO EVIDENCE WAS ALSO ADDUCED TO JUSTIFY THE PURPOSE OF SUCH FOR EIGN TRAVEL. 8. SUCH OTHER QUERIES RAISED FROM TIME TO TIME, WHI CH WERE NOT ANSWERED AND, THEREFORE, ADEQUATE ACTION COULD NOT BE TAKEN UP ISSUE- WISE. HOWEVER AGGRIEVED, ASSESSEE PREFERRED AN APPEAL BEF ORE LD. CIT(A), WHO HAS PASSED ORDER AFTER MAKING CERTAIN ADDITIONS AND DEDUCTIONS TO THE ASSESSEE. HOWEVER, THE CIT(A) HAS CONFIRMED THE DIS ALLOWANCES MADE BY THE AO FOR EXPENSES INCURRED ON FOREIGN TRAVEL BY ASSES SEE. HOWEVER, LD. AR OF ASSESSEE SUBMITTED DURING THE APPELLATE PROCEEDINGS THAT THE EXPENSES WAS INCURRED ON THE FOREIGN TRAVEL OF SHRI ARJUN KUMAR, A DIRECTOR OF THE ASSESSEE- COMPANY TO SINGAPORE, EUROPE AND UK FOR THE PURPOSE S OF BUSINESS. IN THIS REGARD, ASSESSEE PRODUCED COPIES OF THE INVITATION LETTERS FROM M/S RAG TRADING ASIA PACIFIC PVT. LTD. AND M/S DEREK PARNAB Y CYCLONES INTERNATIONAL LTD., U.K. THEREFORE, ASSESSEE EXPRESSED THAT THE S AID FOREIGN TRAVEL EXPENSES WAS INCURRED WHOLLY AND EXCLUSIVELY FOR BU SINESS PURPOSES AND ARE ALLOWABLE U/S 37 OF THE ACT. THE LD. AR ALSO SUBMIT TED THAT THE ISSUE OF FOREIGN TRAVEL HAS BECOME CLOSED AT THE TIME OF ORIGINAL AS SESSMENT U/S. 143(3) OF THE ACT. SO ONCE THE ISSUE WHICH IS CLOSED IN ASSESSMEN T U/S. 143(3) OF THE ACT CANNOT BE RE-ASSESSED U/S. 153A OF THE ACT UNTIL SO ME INCRIMINATING MATERIAL RELATING TO THAT ISSUE IS FOUND AT THE TIME OF SEAR CH. THE LD. AR IN SUPPORT OF HIS CONTENTION MADE THE REFERENCE TO THE ORDER OF T HIS TRIBUNAL IN THE CASE OF LMJ INTERNATIONAL LTD. V. DCIT (2008) 119 TTJ (KOL) 214 AND THE DECISION OF THE HONBLE DELHI TRIBUNAL IN THE CASE OF ANIL KUMA R BHATIA & OTHERS & ACIT (2010)1 ITR(TRIB.) 484 (DEL). HOWEVER THE LD CIT(A) HAS DISREGARDED THE ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 4 CLAIM OF THE ASSESSEE BY OBSERVING THAT THE DECISIO N IN THE CASE OF ANIL KUMAR BHATIA & OTHERS & ACIT (SUPRA) HAS BEEN REVERSED BY THE HONBLEDELHI HIGH COURT. THEREFORE ON THE BASIS OF ABOVE LD. CIT(A) H AS CONFIRMED THE ACTION OF AO. AGGRIEVED, NOW ASSESSEE IS IN SECOND APPEAL BEF ORE US ON THE FOLLOWING GROUNDS:- 1. THE ORDERS PASSED BY THE LOWER AUTHORITIES ARE ARBITRARY, ERRONEOUS, WITHOUT PROPER REASONINGS, INVALID AND BAD IN LAW, TO THE EXTENT TO WHICH THEY ARE PREJUDICIAL TO THE INTERESTS OF THE APPELL ANT. 2(A). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) ERRED IN UPHOLDING THE VALIDITY OF THE ASSES SMENT MADE U/S. 144/153A OF THE INCOME-TAX ACT, 1961, IN SPITE OF T HE FACT THAT NEITHER HE NOR THE A.O COULD MENTION ANY SPECIFIC DEFAULT ON T HE PART OF THE APPELLANT ASSESSEE, WHICH COULD HAVE ENTITLED THE A .O TO MAKE THE ASSESSMENT U/S. 144 OF THE ACT. 2(B). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) ERRED IN UPHOLDING THE VALIDITY OF THE ASSES SMENT MAKE U/S. 144/153A OF THE ACT, BY OBSERVING THAT THE A.O HAD ALLOWED MULTIPLE OPPORTUNITIES TO THE APPELLANT CALLING CERTAIN DETA ILS BUT ALL THE INFORMATION REQUISITIONED BY HIM WERE NOT FURNISHED BY THE APPELLANT, ALTHOUGH THE A.O COMPLETING THE ASSESSMENT WAS THER E FOR ONLY A SHORT WHILE AND DURING THAT PERIOD ALSO HE WAS HARD PRESS ED FOR COMPLETING A LARGE NUMBER OF TIME-BARRING ASSESSMENTS AND THEREF ORE, COULD NOT HAVE ALLOWED MULTIPLE OPPORTUNITIES TO THE APPELLAN T AND ALSO THAT THE CIT(A) HIMSELF COMPLETED THE APPELLANT PROCEEDINGS SIMPLY ON THE BASIS OF THE REMAND REPORT SUBMITTED BY THE A.O AND ALSO THE PAPER BOOK FURNISHED BY THE APPELLANT ASSESSEE, WHICH CONTAINE D ALL THE DETAILS AND INFORMATION ALREADY SUBMITTED BY THE APPELLANT AT T HE ASSESSMENT STAGE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LEARNED CIT(A) ERRED IN UPHOLDING THE VALIDITY OF THE ASSES SMENT MADE U/S. 144/153 OF THE ACT, IN SPITE OF THE FACT THAT THE A .O HAD NOT ISSUED THE STATUTORY NOTICE CALLING UPON THE APPELLANT ASSESSE E TO SHOW CAUSE WHY THE ASSESSMENT SHOULD NOT BE COMPLETED TO THE BEST OF HIS JUDGMENT. 3(A). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) FAILED TO APPRECIATE THAT THE ISSUE OF EXAMI NATION OF FOREIGN TRAVEL EXPENSES HAD BEEN CLOSED DURING THE TIME OF THE ORIGINAL ASSESSMENT U/S. 143(3) OF THE ACT AND THAT SINCE NO INCRIMINATING MATERIAL ON THIS ISSUE HAD BEEN FOUND DURING THE SE ARCH, THE MATER COULD NOT BE RE-EXAMINED AT THE STAGE OF THE FRESH ASSESSMENT U/S. 144/153A. ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 5 3(B). ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) ERRED IN HOLDING THAT THE APPELLANT HAD FAIL ED TO ESTABLISH THAT THE DIRECTOR OF THE APPELLANT COMPANY HAD UNDERTAKEN FO REIGN TOURS FOR THE PURPOSE OF THE APPELLANTS BUSINESS AND IN THAT VIE W, IN SUSTAINING THE DISALLOWANCE OF RS.12,47,860/- OUT OF FOREIGN TRAVE L EXPENSES. SHRI RAVI TULSIYAN, LD. AUTHORIZED REPRESENTATIVE A PPEARING ON BEHALF OF ASSESSEE AND SHRI NIRAJ KUMAR, LD. DEPARTMENTAL REP RESENTATIVE APPEARING ON BEHALF OF DEPARTMENT. 4. WE HAVE HEARD RIVAL PARTIES AND PERUSED THE MATE RIALS AVAILABLE ON RECORD. BEFORE US LD. AR OF ASSESSEE SUBMITTED PAPE R BOOK OF ASSESSEE CONTAINING PAGES 1 TO 32 AND HE SUBMITTED THAT EXPE NSES WERE DISALLOWED BY AO ON THE GROUND THAT ASSESSEE COULD NOT PRODUCE EV IDENCE IN SUPPORT OF HIS CLAIM THAT TRIPS TO THE FOREIGN COUNTRIES WERE FOR BUSINESS PURPOSES. LD AR DEMOSNTRATED THAT THE TRIP WAS EXCLUSIVELY FOR THE PURPOSE OF THE BUSINESS AND SUBMITTED THE INVITATION LETTERS FROM THE FOREIGN P ARTIES WHICH ARE PLACED AT PAGES 4 TO 6 OF PAPER BOOK. THE TRIPS OF SHRI ARJUN KUMAR FOR SIGNAPORE, EUROPE AND UK WAS TO HOLD THE DISCUSSION IN CONNECT ION WITH THE IMPORT OF COAL AND TO FINALISE PROCUREMENT OF COAL WASHING SY STEM. THE LD. AR ALSO ARGUED THAT THE ISSUE OF EXAMINATION OF FOREIGN TRA VEL EXPENSES HAD BEEN CLOSED DURING THE TIME OF THE ORIGINAL ASSESSMENT U /S. 143(3) OF THE ACT AND THAT SINCE NO INCRIMINATING MATERIAL ON THIS ISSUE HAD BEEN FOUND DURING THE SEARCH, THE MATER COULD NOT BE RE-AGITATED IN COURS E OF FRESH ASSESSMENT U/S. 144/153A OF THE ACT. SO UNTIL AND UNLESS NO INCRIMI NATING MATERIAL IS FOUND IN THE COURSE OF SEARCH TO SUGGEST THAT EXPENSE ARE BO GUS OR NOT FOR THE PURPOSE OF ASSESSEES BUSINESS, ASSESSMENT PROCEEDINGS CAN NOT BE REOPENED. LD. AR ALSO SUBMITTED THAT ASSESSMENT U/S. 153A OF THE ACT IS NOT MADE TO UNSETTLE INCOME SHOWN IN REGULAR RETURNS IN RESPECT OF WHICH THE ASSESSMENT IS COMPLETED. IN SUPPORT OF ASSESSEES CLAIM, LD. A R HAS MENTIONED THE FOLLOWING CITATION:- ITAT (KOL) IN LMJ INTERNATIONAL LTD. V. DCIT [2008 ] 119 TTJ 214 CIT V. SMT. SHAILA AGARWAL 346 ITR 130 (ALL) ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 6 JAI STEEL (INDIA) V. ACIT 259 CTR 281 (RAJ) CIT V. KABUL CHAWLA (ORDER ENCLOSED AT PAGES 7-32) MUMBAI ITAT SPECIAL BENCH ALL CARGO GLOBAL LOGISTI CS LTD. V. DCIT 18 ITR (TRIB) 106 (MUM) JODHPUR BENCH OF TRIBUNAL IN THE CASE OF SUNCITY ALLOYS (P) LTD. V.ACIT [2009] 124 TTJ 674 (JOD) ON THE CONTRARY, LD. DR SUPPORTED THE ORDERS OF AUT HORITIES BELOW. 5. ON CAREFUL ANALYSIS OF THE AFORESAID DISCUSSION REVEALS THAT ASSESSMENT HAS MADE U/S 144 OF THE ACT ON ESTIMATED BASIS AND AO ISSUED SEVERAL NOTICES TO ASSESSEE TO FURNISH THE DESIRED DETAILS IN SPECIFIC FORMAT BUT THE ASSESSEE COULD NOT SUBMIT THE DETAILS AS REQUIRED B Y AO SO ASSESSMENT WAS DONE U/S 144 OF THE ACT. LD. CIT(A) HAS ALLOWED CER TAIN DEDUCTION TO THE ASSESSEE ON THE BASIS OF DOCUMENTS AND INFORMATION PRODUCED FOR VERIFICATION. HOWEVER, LD. CIT(A) RECORDED IN HIS ORDER THAT THER E WAS NO BUSINESS NEXUS FOR THE SAID FOREIGN TRAVEL OF SHRI ARJUN KUMAR TO SINGAPORE, EUROPE AND UK AND HE DISALLOWED THE SAME. FROM THE AFORESAID DISC USSION, IT IS CLEAR THAT THERE IS NO DOUBT ABOUT THE EXPENDITURE INCURRED ON THE FOREIGN TRAVEL BUT THE QUESTION ARISE WHETHER THAT FOREIGN TRAVEL WAS IN C ONNECTION WITH ASSESSEES BUSINESS OR NOT. BESIDES IT WAS ALSO ARGUED BY THE LD. AR THAT THE ACTION OF THE LOWER AUTHORITIES FOR RE-OPENING THE ASSESSED C ASE UNDER SECTION 153A OF THE ACT IS ULTRA VIRES AS LONG AS THERE IS NO INCRI MINATION MATERIAL FOUND DURING THE TIME OF SEARCH. THE LD. AR HAS SUBMITTED THAT T HE NECESSARY DETAILS TO JUSTIFY THE BUSINESS CONNECTION OF THE AFORESAID TR IP. AS REGARDS THE CHALLENGING OF THE REOPEING CASE WE CAN RELY ON HON 'BLE DELHI HIGH COURT JUDGMENT IN THE CASE OF KABUL CHAWLA ITA. NOS. 707, 709 AND 713 OF 2014 . VII. COMPLETED ASSESSMENTS CAN BE INTERFERED WITH BY THE AO WHILE MAKING THE ASSESSMENT UNDER SECTION 153A ONLY ON TH E BASIS OF SOME INCRIMINATING MATERIAL UNEARTHED DURING THE COURSE OF SEARCH OR REQUISITION OF DOCUMENTS OR UNDISCLOSED INCOME OR P ROPERTY DISCOVERED IN THE COURSE OF SEARCH WHICH WERE NOT PRODUCED OR NOT ALREADY DISCLOSED OR MADE KNOWN IN THE CURSE OF ORIGINAL AS SESSMENT. ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 7 WE ARE ALSO REFERRING A CASE OF CONTINENTAL WAREHOU SING CORPORATION ITA NO. 523 OF 2013 AND 1969 OF 2013 WHEREIN THE HONBLE BOBMAY HIGH COURT HAS HELD AS UNDER : HOWEVER, THOUGH THE SECOND PROVISO TO SUB-SECTION (1) OF SECTION 153A WOULD NOT APPLY IN THE FIRST THREE YEARS OF THIS CA SE, YET, AS FAR AS THE SECOND THREE YEAR PERIOD IS CONCERNED, THE ASSESSMENTS WER E PENDING. THE PROCEEDINGS IN RELATION THERETO ABATE. NOW THE ENTI RE ASSESSMENT IN RELATION TO THE SECOND PHASE OF THREE YEARS CAN BE MADE BUT THE FOUNDATION FOR ALL THIS AND THE ACTION UNDER SECTION 153A IS A SEARCH UNDER SECTION 132 OR REQUISITION OF BOOKS OF ACCOUNT AND OTHER ASSETS UNDER SECTION 132A. IN THE PRESENT CASE, THE NOTICE UNDER SECTION 153A IS FOUNDED ON SEARCH. IF THERE IS NO INCRIMINATING MATERIAL FOUND DURING THE SEARCH, THE N, THE SPECIAL BENCH WAS RIGHT IN HOLDING THAT THE POWER UNDER SECTION 153A BEING NOT EXPECTED TO BE EXERCISED ROUTINELY, SHOULD BE EXERCISED IF THE SEA RCH REVEALS ANY INCRIMINATING MATERIAL. IF THAT IS NOT FOUND, THEN, IN RELATION TO THE SECOND PHASE OF THREE YEARS, THERE IS NO WARRANT FOR MAKIN G AN ORDER WITHIN THE MEANING OF THIS PROVISION. IN VIEW OF ABOVE, SINCE ASSESSMENT HAS ALREADY BEEN COMPLETED U/S. 143(3) OF THE ACT ON THE DISPUTED AMOUNT OF RS.12.77 LAKH FOR FOREIGN TRAVEL AT THE TIME OF SEARCH THAT THERE WAS NO INCRIMINATING MATE RIAL FOUND WHICH REQUIRES THE AO TO DISALLOW THE SAME. SO IN THE ABSENCE OF A NY MATERIAL INFORMATION QUOTED DURING THE TIME OF SEARCH WE ARE INCLINED TO ALLOW THE EXPENSES INCURRED ON FOREIGN TOUR BY ASSESSEE. AS WE HAVE AD JUDICATED THE JURISDICTIONAL ISSUE IN FAVOUR OF ASSESSEE, HENCE, IN RESPECT OF OTHER GROUNDS ON MERIT, WE ARE REFRAINING OURSELVES FROM ADJUDICA TING THE SAME. 6. IN THE RESULT, APPEAL FILED BY ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT 16/ 10/2015 SD/- SD/- (MAHAVIR SINGH) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP !- 16 10/2015 / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT-NARESH KR. & CO.PVT. LTD. 9B, WOOD STREET, KOLKATA-16 2. / RESPONDENT- JCIT(OSD),CENTRAL CIRCLE-XX, KOLKATA 3. * +, - - . / CONCERNED CIT KOLKATA ITA NO.12/KOL/2013 A.Y. 2004-05 M/S NARESH KR. & CO. PVT. V. JCIT(OSD) CC-XX KOL. PAGE 8 4. - - .- / CIT (A) KOLKATA 5. 012 33+,, - +, , / DR, ITAT, KOLKATA 6. 267 89 / GUARD FILE. BY ORDER/ - , /TRUE COPY/ / - +, ,