9911796707
TMI Blog2021 (2) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... view that they are no longer required. Hence, once the assessee writes back certain provisions as no longer required and takes the same into income, it cannot deduct the same from computation of income, on the ground that in the earlier year these provisions were disallowed. As the assessee is contesting the disallowances and for 1 year it has even succeeded at ITAT. In this view of the matter, the assessee is claiming double deduction during the year. Hence the order of CIT appeals to grant relief to the assessee is erroneous. The learned counsel of the assessee has fairly agreed to this. However, he has pleaded that direction may be given to the assessing officer that if the assessee loses in appeal for the matters in contest for ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed in any of the A.Y. 2010-11 and 2011-12 and if so, to allow the provision to the extent it was disallowed in the assessment order for the relevant previous year? 3. Brief facts of the case are that the Assessing Officer observed that on perusal of the profit and loss account, and audit report of the assessee it is noticed that the assessee has credited an amount of ₹ 423.59 lacs under the head provision for estimated loss on contracts. The assessee vide letter dated 23rd February 2015 has submitted as under:- Loss on contract During year, the company has write back provision made in the earlier year from loss on contract amounting to ₹ 423.59 lacs and the same has been offered as income in the Computation of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if the matter reaches its finality. 4. Upon the assessee s appeal, the ld. CIT(A) noted the position as under: 4.4.1 The appellant claimed provision for loss for AYs 2009-10, 2010-11 2011-12 as under: Assessment Year Provision Remarks 2009-10 ₹ 1,25,39,456/- Allowed by ITAT. 2010-11 ₹ 63,95,102/- Disallowed and confirmed by CIT(A) 2011-12 ₹ 8,06,67,254/- Disallowed and confirmed by CIT(A). 4.4.2 For A.Y. 2012-13, appellant reversed provision of ₹ 423.59 laksh in its books. In the computa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010-11 and 2011-12. If so, the AO is directed to allow the provision to the extent it was disallowed in the assessment order for relevant previous year. In the result, the ground of appeal no. 1 is partly allowed. 6. Against the above order, the Revenue is in appeal before us. 7. Upon hearing both the counsel and perusing the record, we note that the disallowances in earlier year has not been accepted by the assessee. The assessee is very much contesting the disallowances. So no impact of those disallowances can be considered in this year. The assessee in this year has written back the provisions made in earlier years as the assessee is of the view that they are no longer required. Hence, once the assessee writes back certain provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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