2019 (1) TMI 634 - AT - Income Tax

Estimation of sale - method of accounting - Held that - 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, delete the impugned addition, of course, subject to the same observations as obtaining for that year. We decide accordingly. Disallowance 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 the relevant record, by the ld. CIT(A) who has been reasonable in allowing part relief, and the assesseee s case completely fails on facts. The impugned disallowance is accordingly confirmed. - Decided against assessee.

Summary

Issues:
1. Dismissal of assessee's appeal contesting assessment under section 143(3) of the Income Tax Act, 1961 for Assessment Year 2014-15.
2. Validity of additions made by the Assessing Officer and subsequent modifications by the first appellate authority.

Issue 1: Dismissal of assessee's appeal contesting assessment
The appeal was directed against the Order by the Commissioner of Income Tax (Appeals)-2, Jalandhar, dismissing the assessee's appeal contesting its assessment under section 143(3) of the Income Tax Act, 1961 for Assessment Year 2014-15. The Tribunal considered the arguments presented by the learned counsel for the assessee, who claimed that the issues raised were similar to a previous order by the Tribunal in the assessee's own case for AY 2012-13. In the previous year, the Assessing Officer had made additions to the assessee's accounts, which were later reduced by the first appellate authority and ultimately deleted by the Tribunal. The Tribunal found the explanations provided by the assessee satisfactory and decided not to interfere with the profit disclosed in the accounts. The Tribunal then applied similar reasoning to the current year's assessment and deleted the impugned addition, subject to the same observations as in the previous year.

Issue 2: Validity of additions made by the Assessing Officer
The second issue raised by the assessee was regarding the disallowance of prior period expenses. The Tribunal examined the claim in respect of commission expenditure and found that it included sales made during the preceding financial year, making it not deductible for the current year. The assessee's explanation that the commission expense accrued during the current year upon realization of sale proceeds was found incorrect. The Tribunal noted the absence of dates of realization of corresponding sales and observed no rebuttal to the findings made by the first appellate authority. Consequently, the impugned disallowance of prior period expenses was confirmed. The Tribunal partially allowed the assessee's appeal, confirming the disallowance of prior period expenses but deleting the impugned addition related to job accounting, following the precedent set in the previous year's order.

In conclusion, the Tribunal upheld the dismissal of the assessee's appeal regarding the assessment under section 143(3) of the Income Tax Act, 1961 for Assessment Year 2014-15. It confirmed the disallowance of prior period expenses but deleted the addition made by the Assessing Officer related to job accounting, based on the Tribunal's previous order for the preceding year. The decision was pronounced in open court on November 26, 2018.