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2019 (12) TMI 1108 - AT - Income TaxDisallowance of discount given to dealers - HELD THAT:- As decided in own case [2017 (12) TMI 1395 - ITAT PUNE] the assessee as businessman had taken business decision to make a policy for the distribution of its goods and to pay discount to different dealers in this regard. Such business decision cannot be negated by the Assessing Officer on the surmise that as per the Assessing Officer, the discount paid by the assessee was higher. The assessee is best judge of its business arrangement and in the absence of any evidence found that the expenditure has not been incurred, merely on the ground that the rate of discount paid is higher, the expenditure cannot be disallowed in the hands of assessee. We find support from the ratio laid down by the Hon'ble Supreme Court in CIT Vs. Walchand & Co. Pvt. Ltd. [1967 (3) TMI 2 - SUPREME COURT] . Accordingly, we find no merit in the order of Assessing Officer in this regard. Disallowance of late delivery charges - HELD THAT:- As in assessee’s own case for A.Ys. 2010-11 and 2011-12 we find no error in the order of CIT(A) in holding that the late delivery charges paid by the assessee were in the nature of expenditure carried out during the course of carrying on the business. The said late delivery charges were levied by the OEM customers, who were given specific orders to the assessee for delivery within time frame, but because of the delay in the project, clause for L.D. charges was applied and the amount was recovered from the assessee. In the totality of the above said facts and circumstances, we are of the view that the said expenditure is duly allowable in the hands of assessee. Accordingly, we hold so Disallowance of depreciation on windmill at 80% as it was commissioned on 09.08.2007 - AO noticed that high rate of depreciation was also claimed on civil work and installation of electrical lines - HELD THAT:- As decided in own case apellant was entitled to higher depreciation on the electrical line for transmission of the power generated. The Assessing Officer is directed to call for the breakup of each of these items of expenditure and allow accelerated depreciation on the items mentioned
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