2002 (9) TMI 31

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..... t the instance of the Revenue is, "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in its conclusion that commission and discounts on sales amounting to Rs. 9,15,115 should not be taken into account while considering the disallowance under section 37(3A) of the Income-tax Act, 1961?" The assessment year is 1985-86. The assessee-company is a publi .....

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..... to the customer, or through its wholesale and other dealers to whom, under the terms of trade discounts and commissions are allowed, cannot be regarded as sales promotion. This court in the case of CIT v. India Pistons Ltd. [2001] 250 ITR 279 has held that sale of a product at a discount did not amount to a sales promotion expense. It was observed in that judgment that: "The sales promotion norm .....

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