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TMI Blog2017 (12) TMI 1118X X X X Extracts X X X X X X X X Extracts X X X X ..... ely, at the time of creation of the provision for brokerage expenses, neither the names of the brokers nor the amounts to be paid to them on account of brokerage was a determinable owing to the fluid situation, due to which TDS was not practically feasible to be deducted by the assessee, and more particularly in view of the fact that the assessee neither claimed nor availed any benefit of the provision made for expenses and paid due tax in full, we are of the considered opinion that the findings of the Ld. CIT(A) that there is neither any tax evasion nor loss of revenue to the Government do not suffer any illegality or irregularity, and that this tribunal cannot interfere with the same. - Decided against revenue - ITA No. 3239/Del/2015 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lfillment of the conditions, as such, only ad hoc provision for brokerage expenses amounting to ₹ 4,84,27,000/- was created by the assessee in the books of accounts at the time of annual closing. For the assessment year 2009-10 the assessee filed their return of income on 29/09/2009 declaring a total income of ₹ 35,97,93,144/-, but while computing the total income the ad hoc provision of ₹ 4,84,27,000/- was offered to tax. However during the scrutiny the assessing officer computed the income of the assessee at ₹ 36,29,27,177/-as against the returned income of ₹ 35,97,93,144/-. Simultaneously, the assessing officer initiated penalty proceedings on account of non-deduction of TDS for provision for brokerage and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the provision for brokerage expenses, TDS was not practically feasible to be deducted by the assessee on the provision so made, and as and when the payments were made to the brokers, TDS was deducted and remitted to the Government. So also is not disputed that no benefit of any provision for expenses was availed by the assessee and due tax was paid in full, as such there is neither tax evasion nor loss of revenue to the Government. In the circumstances, the controverted facts establish that because of the peculiarity of the circumstances involved in this matter, namely, at the time of creation of the provision for brokerage expenses, neither the names of the brokers nor the amounts to be paid to them on account of brokerage was a determin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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