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TMI Blog2021 (1) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... hra, AR ORDER PER MAHAVIR SINGH (VP) By virtue of this Miscellaneous Application, the assessee on a limited aspect seeks to recall the order of this Tribunal on one particular issue alone with regard to upholding the disallowance made u/s.40(a)(ia) of the Act on year end provision for expenses on the ground that while rendering the decision, this Tribunal had not followed the decision rendered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad rejected the contentions of the assessee and upheld the disallowance made u/s.40(a)(ia) of the Act. But we find that a contrary view has already been taken by this Tribunal in the case of Mahindra and Mahindra vide its order dated 19/06/2020. Non-following of the said order constitute mistake apparent on record within the meaning of Section 254(2) of the Act. Hence, in order to maintain judicia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ically is crediting the party account based on matching principle. The accounting principles cannot be left to the judgement of the assessee as to what entries it passes in his own books to suit its taxability or otherwise. 7.3. This action of the ld. AO was upheld by the ld. DRP. We find that this Tribunal in assessee's own case for the A.Y.2009-10 vide para 23 had deleted the disallowance mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the said decision, we direct the ld. AO to delete the disallowance u/s.40(a)(ia) of the Act. Accordingly, the grounds taken by the assessee in this regard are allowed. 5. Para 16 of the order dated 10/09/2020 also stands modified as a consequential effect for A.Y.2010-11 on the same issue. 6. All the other contents of the order dated 10/09/2020 shall remain unchanged. 7. In the result, Misc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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