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2011 (6) TMI 457 - AT - Income TaxDis-allowance of selling/publicity expenses – assessee engaged in manufacture and sale of Indian made Foreign Liquor – similar selling expenses after ad-hoc dis-allowance were allowed in subsequent assessment years – few parties from whom sales promotion material were purchased did not confirmed the same - Held that:- As a general rule, principle of resi judicata or estoppel is not applicable to the income tax proceedings. Yet, rule of consistency does apply. By applying the same analogy, after considering the discrepancies found by the department on inquiries through Investigation Wing at Delhi and after considering the totality of facts and the circumstances of the case, an amount of Rs.25 lakhs out of total selling expenses of Rs.3,14,49,710/- claimed by the assessee requires to be disallowed. Partly allowed in favor of assessee.
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