9911796707
TMI Blog2023 (5) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... but the facts and issues involved in both the appeals are identical except for the assessment year and the amounts involved and therefore the submissions made by them while arguing one appeal would be equally applicable to the other appeal also and thus both the appeals can be heard together. In view of the aforesaid submissions of both the parties, we, for the sake of convenience, proceed to dispose of both the appeals by a consolidated order. We, however, proceed with the facts in ITA No.1719/Del/2022 for A.Y. 2015-16. 3. Brief facts of the case as culled out from the material on record are as under :- 4. Assessee is a company stated to be engaged in the business of manufacturing of switchgears, capacitors, cables & wires and other ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g addition made by the AO on 'Shahensha Scheme' amounting to Rs.6,55,62,914/- as the expenses claimed by the assessee company are contingent liability, which is not allowable expenditure during the year under consideration. 3. The appellant craves leave to add, alter or amend any/all of the grounds of appeal before or during the course of the hearing of the appeal." 6. Similar issue has also been raised by Revenue in ITA No.1720/Del/2022 for A.Y. 2017-18. 7. Before us, Learned DR submitted that assessee had made provision in respect of Shahenshah Scheme amounting to Rs.6,55,62,914/-. He submitted that the aforesaid provision was a contingent liability as there was no vested right in distributor to claim the amounts till he makes a journ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that on identical facts in assessee's own case for various assessment years has decided the issue in favour of the assessee and has dismissed the appeal of Revenue. We find that the Co-ordinate Bench of Tribunal, while deciding identical issue in assessee's own case for A.Y. 2006-07 (ITA No.4813 & 5530/Del/2010 order dated 30.09.2019) has given a finding that the provision created by the assessee is on a scientific basis. Before us, no distinguishing feature in the facts of the case under consideration and that of earlier years has been pointed by Revenue. Further, Revenue has also not placed any material to demonstrate that the order of the Co-ordinate Bench of Tribunal in assessee's own case for earlier years has been set aside/stayed/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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