TMI Blog2012 (12) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... s whereas 3% discount was given to sister concern, M/s Sri Ganga Pustakalay, which was carrying the sale outside Varanasi and incurring the expenses on account of packing, transportation etc. Therefore, the Tribunal was of the view that the Assessing Officer was not justified in making the disallowance under Section 40A(2) of the Act. The Tribunal has further held that the provisions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l has been filed under Section 260-A of the Income Tax Act,1961, hereinafter referred to as "the Act ", against the order dated 11.9.2009 passed by the Income Tax Appellate Tribunal, Allahabad Bench Allahabad. The Department has proposed the following substantial questions of law said to be arising out of the Tribunal's order.: '1. Whether on the facts and in the circumstance of the case, the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale thereof. It had disclosed the total sale of a sum of Rs.8,14,80,833/- declaring gross profit at Rs.1,89,08,089/-. It had filed return of income showing income of Rs.83,57,210/-. During the course of assessment proceeding the Assessing Officer found that the assessee had sold Bhargav Dictionary though its sister concern "Sri Ganga Pustkalay" and had offered a discount of 3% whereas it had offer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to offer a discount of 3% to its sister concern while 2.5% was allowed by the assessee to other customers. He further submitted that there was no justification to sell dictionaries at price lesser than what it was charging from other whole sellers. He thus submitted that the order of assessing authority ought to have been restored. The submission is wholly misconceived. The Tribunal has fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply. It is not disputed that the assessee has neither claimed any deduction as expenditure incurred towards discount offer nor the lesser price charged by it. We are of the considered opinion that the Tribunal has rightly held that provisions of Section 40A (2) (a) of the Act would not be attracted in the present case. The impugned order passed by the Tribunal does not suffer from any legal in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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