2015 (10) TMI 1497

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....rected against the order dated 7th May 2012, passed by the Commissioner (Appeals)-9, Mumbai, for the assessment year 2009-10. Following grounds have been raised by the assessee:- "Whether on facts, circumstances and in the law, the learned CIT(A) has erred in deleting the addition of Rs. 39,06,006 out of various expenses like cargo, brokerage and commission, business promotion, insurance and lega....

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....ated 19th March 2014 in ITA no.397/Mum.2012, a copy of this order was placed on our record and was also given to the learned Departmental Representative. 3. It was further submitted that in respect of the assessment year 2011-12, the Assessing Officer himself has accepted such claim of the assessee and did not make any addition. Reference in this regard was made to the assessment order dated 30th....

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....s reproduced below:- "10. We heard both the parties. We find that the assessee has regularly been following the Method of Accounting from 1998-99 and by the scrutiny assessments in the two assessment years in the past the department has accepted the claim of the assessee. We also find that the expenses of Concord are fixed as per the manifest signed between the two parties and therefore the asses....

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....y point of consideration is whether while interpreting the clauses of agreement it should be taken as "All" the expenses and not only those expenses as per the manifest. The very fact that the entire expenses have not been claimed by the assessee would show that the assessee has gone by the terms of the agreement and claimed as reimbursement only expenses of Rs. 10830728/-. With respect to all oth....