DCIT-8(1)(1), Mumbai vs. M/S Sapiens Technologies (1982) India Pvt Ltd, Mumbai
In the result, the appeal of the revenue is dismissed
ITA 1361/MUM/2023[2014-2015]Status: DisposedITAT Mumbai01 Sept 2023AY 2014-2015
Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1361/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Dcit-8(1)(1) बिधम/ M/S. Sapiens Room No. 673, 6Th Floor, Technologies (1982) India Vs. Aayakar Bhawan, Maharshi Pvt. Ltd. Karve Marg, Mumbai- 22, New Pushpamilan, 67, 400020. Worli Hills, Mumbai- 400018. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaci8674H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Vani Saxena Revenue By: Shri Ram Krishna Kedia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 06/07/2023 घोषणा की तारीख /Date Of Pronouncement: 01/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 24.02.2023 For Assessment Year 2014-15. 2. The Grounds Of Appeal Of The Revenue Are As Under: - “(I) Whether On The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Considering Daily Overseas Allowances Was Paid By The Company Being In The Nature Of Reimbursement Of Expenses Incurred By Employees On Their Business Trip To Overseas. (Ii) Whether On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Failed To Consider That The Allowance Are Perquisite Within The Meaning Of Section 17(2) Of The I. T. Act & Hence It Will Be Taxable In India & Assessee Has Failed To Deduct Taxes At Source As Required U/S 40(A)(Iii).”
For Appellant: Ms. Vani SaxenaFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 143(3)Section 17(2)Section 40
…t our aforesaid view is fortified by the host of Judgments/orders as had been relied upon by the Ld. A.R during the curse of hearing of the appeal. We rather find that after the judgment of the Hon’ble Supreme Court in the case of CIT Vs. Goslino Mario (2000) 241 ITR 312 (SC), the issue that daily allowance given to employees who are deputed abroad, being in the nature of reimbursement of the expenses which the employees had to incur on their food, etc., which are wholly, necessarily and exclusively for the purposes of their duties, would thus be exempt u/s 10(14) of the ‘Act’, is no more res integra. We thus set…