TMI Blog2018 (12) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... ered to the customer. Since, some of the customers, who denied that no discount was received by them, does not mean that assessee claim is bogus. AO has not given an opportunity to cross-examine these customers, who denied the receipt of discount. Not allowing the assessee to cross-examine the witness by the adjudicating authority, though the statements of those witnesses were made the basis of the impugned addition, is a serious flaw, which makes the order nullity. See case of Andaman Timber Industries [2015 (10) TMI 442 - SUPREME COURT]. - Decided in favour of assessee. - ITA No.2001/Kol/2017 - - - Dated:- 7-12-2018 - Shri S. S. Godara, JM And Dr. A. L. Saini, AM For the Appellant : None For the Respondent : Shri K. Mondal, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violation of principles of natural justice. 4. The brief facts qua the issue are that the assessee company is engaged in a trading and development of property and derives its income from the said business. Its filed its return on 28.09.2012 for the A.Y 2012-2013 declaring total income of ₹ 80,29,984/- as business income. The case of the assessee was selected for scrutiny and notices u/s 143(2) and 142(1) were issued. In response to these notices, the assessees authorized Accountant appeared on several occasions and filed several details and submissions. Then ld. A.O completed the assessment by passing an order u/s 143(3) of the I.T. Act, 1961, made the addition on account of discount on sale of flat. The Ld. A.O while complet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the tune of ₹ 10,99,907/- is bogus. The assessee has incurred the said expenses for the purpose of business, therefore, he is eligible to claim the deduction on account of discount allowed on sale of flat. We note that it is decision of the business-men how much discount is to be allowed to a particular person and it is the prerogative of the assessee to run the business as per the business strategy adopted by the assessee. The Revenue cannot sit on the arm chair of the business-men and decide how much expenses should be incurred or how much discount should be offered to the customer. Since, some of the customers, who denied that no discount was received by them, does not mean that assessees claim is bogus. The ld. Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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