Itxa/5594/2010 Of The Commissioner Of Income Tax - 18 Mumbai v. Polymer Products Corporation

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.5594 OF 2010 The Commissioner of Income Tax-18, Mumbai ..Appellant. V/s. M/s. Polymer Products Corporation ..Respondent. Mr. Suresh Kumar for the appellant.None for the respondent. CORAM : J.P. DEVADHAR AND A.R. JOSHI, JJ. DATED : 18TH NOVEMBER, 2011 P.C. :- 1.under :- The revenue has raised a question of law which reads as " Whether on the facts and circumstances and in law, the Tribunal was justified in upholding the order of the CIT(A) deleting the additions of Rs.3,00,000/- on account of law G.P., addition of Rs.5,84,920/- on account of foreign travel expenses, addition of travelling expenses of Rs.5,66,972/- and disallowances of other expenses of Rs.3,28,953/- without appreciating that the assessee has not furnished any evidence to support the claim / expenditure" Perusal of the order of the CIT(A) shows that before the assessing officer, the assessee had explained the reasons for the fall in the gross profit ratio but the same was objected to by the assessing officer without pointing out any reasons for rejecting the same. The CIT(A) further held that as regards the other expenditure which was disallowed by the assessing officer, necessary documents to support the claim of the assessee were furnished by the assessee before the assessing officer and in fact it is the assessing officer who has overlooked those documents which were furnished by the assessee during the course of the assessment proceedings. In these circumstances, in our opinion, the decisions of the CIT(A) as also the ITAT are based on appreciation of fact and no fault can be with the same. The appeal is dismissed with no order as to costs. (A.R. JOSHI, J.) (J.P. DEVADHAR, J.)