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2015 (12) TMI 892 - AT - Income TaxDisallowance of commission - the same was not accrued in the assessment year under consideration - Held that - As per clause 4 of the agreement the commission payable to KSB Singapore(Asia Pacific) at the rate not exceeding 12.5% on FOB value of the order in the currency in India in which the order is placed. These charges will fall due for payment on receipt of payment from the clients. Being so it is clear that the payment of commission accrued only on realization of sale value. The assessee s claim is that it is booking expenditure on the basis of sale value and not on the basis of sale realization and this system has been accepted by the department in earlier years as well as in the subsequent year. In our opinion we are not concerned with the any other year which are not before us. In our opinion if the department has accepted in earlier year it was a mistake and there is no merit in continuing the same mistake in the assessment year under consideration. The payment of commission accrued only on realization of sale value and it is to be allowed when the realization of sale value which is in compliance with the agreement cited supra and disallowance is based on the above agreement brought on record by the authorities and hence we do not find any infirmity in the orders of the authorities below which is confirmed.- Decided against assessee.
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