TMI Blog2009 (4) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal against the order of the CIT under section 263 of the Act. The original assessment in this case was made on 23.3.2006 under section 143(3) on the total income at Nil declaring loss of ₹ 3,81,04,132/-. In the profit and loss account, the assessee had claimed the deduction of expenditure on account of advertisement and publicity, the details of which were furnished vide letter dated March 10, 2006. The said expenditure on advertisement and publicity included the two amounts of provision for expenses one of ₹ 69,34,853/- and other for ₹ 12,64,839/- aggregating to ₹ 81,99,000/-. The claim of the advertisement was accepted by the Assessing Officer in the original assessment order though without any discussion in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 12,91,500/- was also made and the details of which are as under : Customer s name Amount (Rs.) Speed Away Pvt. Ltd. (P) 150,000 Raj Laxmi Lubricants (P) 8,000 Raj Laxmi Lubricants (P) 8,000 Lakshmi Distributors Ban. 63,000 Annamalai Agencies, TN 243,000 Anjul Automobiles, Ghaziabad 75,250 Caravan Calcutta IAC 63,000 Benarasilal, Kishanlal Co. 45,000 DS Oil Trading Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowable as deduction and on the other hand, he records a finding that it was not possible for him to record conclusive findings on this issue at this stage. The two things are contradictory. Be that as it may, the provisions are made on the basis of purchases made by the parties as enumerated above during the year under consideration and consequently it cannot be said that these are unascertained liabilities. The provision was made on the basis of purchases made by the parties who have earned the points on that purchases and as per the scheme, it was an allowable expenditure. In this view of the matter, we set aside the order of the CIT and restore that of the Assessing Officer. 4. In the result, the appeal of the assessee is allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... giving the details of foreign travel, local conveyance, lodgings and meals. He submitted that electronic data like old e.mails for past years were not normally warehoused after the expenditure was incurred and the assessee could not furnish the same as required by the Assessing Officer. He, therefore, submitted that merely because such e.mails were not submitted, the Assessing Officer was not justified in disallowing the claim which is within the policy and parameters of the assessee company. The Assessing Officer by referring to the decision of Madras High Court in the case of Seshasayee Brothers Limited vs. CIT 42 ITR 568 (Mad.) held that where the details are not furnished by the assessee, the claim can be disallowed on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appeal of the assessee is partly allowed. ITA No.1216/Del/2008 10. In the revenue s appeal, the only issue is with regard to deletion of addition on account of prior period expenses of ₹ 1,34,34,500/-. The assessee s claim was that though the expenditure was prior of the liability would same has arisen during the year under consideration. The assessee s prayer was that the amount was payable to M/s. Exxon Mobil Asia Pacific Pte. Ltd. has been incurred pursuant to an agreement entered with assessee in August 2002 with retrospective effect from January 2002 though the expenses were incurred under this agreement with effect from 1.1.2002 but the expenses accrued in the relevant previous year. He submitted that it should be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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