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TMI Blog2014 (12) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... to quantify the expense with supporting details. Thus n our opinion the assessee made the provision on a bona fide belief, while setting off the provision with the actual, certain amounts resulted to be excess. The moment such excess amount resulted assessee has returned it back and offered it for taxation. If this amount is disallowed here then it will be taxed twice, once in this assessment yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J. ORDER PER R.C.SHARMA (A.M.) : This is an appeal filed by the assessee against the order of CIT(A), dated 5-2-2013 for assessment year 2009-10, in the matter of order passed u/s.143(3) of the IT Act. 2. The first grievance of the assessee relates to the disallowance of provisions for expenses of ₹ 10,37,000/-. 3. Rival contentions have been heard and record perused. Du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifiable reason to disallow the same. 4. Learned AR also placed on record the order of Tribunal in assessee's own case, wherein exactly similar disallowance was deleted by the Tribunal after having the following observation:- 9. We have duly considered the rival contentions. On perusal of the ld. CIT(A)'s order we find that in principle ld. first appellate authority upheld the conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it will be taxed twice, once in this assessment year and again in the year in which assessee has offered it. Whenever any provision is made for the expenses some plus and minus is possible because provision cannot be made with exactness. As far as the other aspect is concerned that assessee has offered it for the next year, we are of the view that after adjusting the account when assessee realized ..... X X X X Extracts X X X X X X X X Extracts X X X X
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