TMI Blog2006 (7) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... discount - ITA 503/06 - - - Dated:- 31-7-2006 - SHRI MADAN B. LOKUR and VIPIN SANGHI JJ. JUDGMENT 1. The Revenue is aggrieved by an order dated 21st June, 2005 passed by the Income Tax Appellate Tribunal, Delhi Bench "B" in ITA No. 1667/Del/02 relevant for the assessment year 1998-99. 2. The assessee carries on the business of manufacturing and sale of soft drinks. For the relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t discount given by the assessee was 0.635% of the total sales, in the present relevant assessment year also the net discount should be 0.635% of the total sales as against 1.25% worked out by the assessee. The giving of discount etc. was not in doubt and only the quantum was required to be considered. 5. Feeling aggrieved by the order passed by the Commissioner of Income Tax (Appeals), the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the businessman. 7. Applying the decision laid down by this Court, we are of the view that since the assessee was not given an opportunity when the Assessing Officer added the entire amount of Rs. 53,01,853/- as the income of the assessee, it had no option but to place all the relevant material on record before the Commissioner of Income Tax (Appeals), which it did. The Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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