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TMI Blog2018 (1) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... I] and [2012 (7) TMI 340 - ITAT, DELHI]. In view of the above, we are of the considered view that CIT(A) has rightly deleted the addition in dispute by respectfully following the decision of the previous CIT(A) as well as the ITAT decisions in assessee’s own case of assessment years 2006-07 to 2008-09, hence, the impugned order does not need any interference on our part, therefore, we uphold the action of the Ld. CIT(A) on the issue in dispute and reject the ground raised by the Revenue. - ITA No. 5743/DEL/2014, C.O. NO. 182/DEL/2017 (IN ITA NO. 5743/DEL/2014) - - - Dated:- 16-1-2018 - Shri H.S. Sidhu And Shri O.P. Kant, JJ. Department by : Ms. Rachna Singh, CIT(DR) Assessee by : Sh. Krishnan, Adv. ORDER H.S. Sidhu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 145(2). 4. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in not appreciating that the practice adopted by the assessee in respect of unrealized surcharge, tantamount to following cash method of accounting which is a violation of principles of accountancy in case of a company assessee. 5. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in not appreciating that the assessee has not treated the said unrealized surcharge as bad debt. 6. The appellant craves leave to add or amend the grounds of appeal before the appeal is heard and disposed of. 3. The grounds raised in the Assessee s Cross Objection read as under:- 1. On the facts and in the circumstances of the case and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the records that during the year, an amount of ₹ 1,95,95,85,359/- was transferred to provision for surcharge not realized. AO further observed that the assessee has been maintaining its books with mercantile system of accounting and its right to receive surcharge has matured and hence the income embedded in the receipt is due to accrue or arise, though income may not be realized. Hence, the assesse s right to receive the aforesaid charge during the year was ncludible in the total income of the assessee as mercantile system of account has been followed, but the said income has not been declared for the year under consideration. Thereafter, after recording the reasons u/s. 147 of the Act on the above points, notice u/s. 148 of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n equal footing with (actual) electricity dues. As the assessee company is following mercantile system of accounting, the provision made on account of surcharge levied but not realized amounting to ₹ 1,95,95,85,359/- was disallowed and added back to the income of the assessee vide order dated 04.2.2013 passed u/s. 143(3)/147 of the Act. Aggrieved with the assessment order dated 4.2.2013, assessee appealed before the Ld. CIT(A), who vide his impugned order dated 11.8.2014 has allowed the appeal of the assessee by respectfully following the Tribunals orders passed in previous years in the case of the assessee. Against the impugned order, the Revenue is in appeal before us and Assessee has filed the Cross objection on the legal ground st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment years 2006-07, 2007-08 and 2008-09 respectively in assessee s own case. We further find that the assessee has also succeeded in appeal on the similar and identical issue for the assessment year 2006-07, 2007-08, 2008-09 and 2009-10 vide earlier CIT(A) s order dated 6.11.2009, 03.1.2011, 11.8.2011 and 4.10.2013 respectively. We further note that the books of accounts of the assessee are regularly audited by the CAG and Tax auditors and the same has been duly accepted them. We further find that the case laws cited by the Ld. DR in the written submissions are on different set of facts and circumstances, hence, the same are not applicable in the present case. However, the assessee s case is fully covered by the Coordinate Bench decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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