TMI Blog2019 (1) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... e of prior period expenses - claim in respect of commission expenditure (on sales) - Held that:- The assessee’s explanation of the commission arising to the payee/s only on the realization of the sale proceeds, so that the impugned expenditure in fact accrued during the current year, was found incorrect on facts. No improvement in its’ case stands made before us. The assessee has at no stage substantiated its’ case of it accounting and, accordingly, claiming the commission expense on the realization of the corresponding sale. The dates of the realization of the corresponding sale/s, which therefore assumes relevance in this regard, are conspicuous by their absence. Why, we observe no rebuttal to the findings, issued on the examination of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. In further appeal, the tribunal found no case for holding the assessee s accounts as not reliable, and deleted the balance addition as well. The concluding part of the tribunal s order in the matter reads as under: 5. We have heard the parties, and perused the material on record. At the very outset, .. We are, on balance, satisfied with the explanations (including the corroborative material) furnished by the assessee (through the ld. AR) in respect of the queries raised qua the accounting of the job work segment of the assessee s business. We are, however, unable to appreciate as to how the sale of used oil is, as claimed, credited to the sale of spare parts inasmuch as there is no purchase thereof (used oil). However, where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee s explanation qua the same (refer para 5 of the order supra), deleted the addition, subject to the proper accounting of sale of used oil. In the facts of the instant case, the Revenue has, similarly, raising concerns on the same issues, has finally made an addition for ₹ 5 lacs. The assessee s accounting for the current year is on the same basis as for the preceding year; rather, continues to be the same from year to year. No difference has in any case been pointed out to us, with in fact the assessing authority relying on his findings for AY 2013-14. There is, as such, no reason why our findings for that year should not hold good for the current year as well. We, accordingly, following the tribunal s order for AY 2013-14, d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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