TMI Blog2018 (12) TMI 1489X X X X Extracts X X X X X X X X Extracts X X X X ..... r to adjudicate the issue after taking into account the reconciliation statement. Disallowance on account of commission paid - Held that:- We note that impugned order is an ex parte and assessee could not plead his case before the ld CIT(A) therefore, we are of the view that one more opportunity should be given to the assessee to plead his case and submit relevant documents to prove his bona fide before the ld assessing officer. Therefore, we set aside the order of ld CIT(A) and remit the matter back to the file of the assessing officer to adjudicate the issue afresh. We also direct the assessee to submit the relevant documents and explanation before the ld AO to prove his bona fide. Statistical purposes, the appeal of the assessee is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,04,644/ - 4. That the CIT(A) erred on facts and in law, in upholding disallowance of ₹ 26,94,101/- on account of commission paid, and thereby failed to appreciate that commission expense has been incurred for business purpose. 5. That the explanations given, evidence produced and material placed and made available on record have not been properly considered and judicially interpreted and the same do not justify the addition made. 6. That the addition / disallowance made are illegal, unjust and bad in law and are based on mere surmises and conjunctures and the same cannot be justified by any material on record. 7. That the CIT(A) erred on facts and in law, in upholding and AO erred on facts and in law, in charging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account. The difference may also arise between form No.26AS statement and income as shown in Profit and Loss account when method of accounting of both the parties is different, say assessee follows accrual basis of accounting but the party with whom the transaction has been done, follows cash system of accounting. Therefore, the different methods of revenue recognition may also create difference between form No.26AS statement and income as shown in Profit and Loss account. Therefore, taking into account these reasons of differences, as explained above, we are of the view that a reconciliation statement may be prepared by the assessee, explaining the reasons of differences between form No.26AS statement and income as shown in Profit and Loss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is case before the ld CIT(A) therefore, we are of the view that one more opportunity should be given to the assessee to plead his case and submit relevant documents to prove his bona fide before the ld assessing officer. Therefore, we set aside the order of ld CIT(A) and remit the matter back to the file of the assessing officer to adjudicate the issue afresh. We also direct the assessee to submit the relevant documents and explanation before the ld AO to prove his bona fide. Statistical purposes, the appeal of the assessee is allowed. 7. Ground No. 7 raised by the assessee relates to interest under section 234C and 234D of the Act. We note that this ground raised by the assessee is consequential in nature and does not require adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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