9911796707
TMI Blog2023 (8) TMI 1192X X X X Extracts X X X X X X X X Extracts X X X X ..... 011-2012 and 1822/BANG/2016 for AY 2012-13, respectively passed by the ITAT Income tax Appellate Tribunal, Bengaluru Bench, "C" Bench, Bangalore, have been admitted to consider following common questions of law in both the appeals: "1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in dismissing the appeals preferred by Revenue by setting the disallowance made by assessing authority in respect of future expenses claimed as deduction by relying on the judgment passed by Hon'ble Apex Court in case of Calcutta Co. Ltd v/s CIT and another case namely, BEML Ltd (Reported in 245 ITR page 428) when the facts in the present case are not identical. 2. Whether on the facts and in the circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unbillable expenses are inbuilt in the contract and payment for the same is made by the contractor and not BMRCL. 4. Based on the turnover, the Assessee - contractor makes provision for expenses. For AY 2011-12 Assessee made provision for expenses as on 31.3.2011 of Rs.6,66,64,500/- and for AY 2012-13 Rs.12,12,28,476/-. The AO Assessing Officer disallowed the said provisions. The CIT(A) allowed the same on the ground that the provision was not contingent one, but based on the matching expenditure on ascertained liability. CIT(A)'s order has been upheld by the ITAT by dismissing the Revenue's Appeals. 5. Shri.Dilip submitted that so far as the design aspect is concerned, the provision made by the Assessee will have to be allowed. But so fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is concerned. With regard to the provision for expenses towards construction of roads and other civil works, the contention urged on behalf of the Revenue is that the AO has not correctly examined the factual matrix. 9. Shri.Shankar is right in his submission that AO in his order has extracted a copy of the communication between the Assessee and the department, which shows that the Assessee had enclosed technical documents, costs and computation for arriving at a provision for the respective years. This has been noted by the ITAT in para 12 of the impugned order. In addition, ITAT has recorded that AO has noted the details of expenditure in his order and the same has been extracted in ITAT's order also. 10. It was urged on behalf of the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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