TMI Blog2018 (11) TMI 1877X X X X Extracts X X X X X X X X Extracts X X X X ..... identical issue. We therefore adopt judicial consistency in this facts and circumstances to affirm the CIT(A) s findings under challenge deleting discount and brokerage disallowance -Decided against revenue. - ITA No.1781/Kol/2017 - - - Dated:- 30-11-2018 - SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER For the Appellant : Shri A.K. Singh, CIT-DR For the Respondent : Shri Dilip S. Damle, Advocate ORDER PER S.S.Godara, Judicial Member:- This Revenue s appeal for assessment year 2008-09 arises from the Commissioner of Income Tax (Appeals)-17, Kolkata s order dated 07.03.2017, passed in case No.226/CIT(A)-17/Kol/15-16, in proceedings u/s. 147/154/251/143(3) of the Income Tax Act, 1961; in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assessment year 2005 to 2007-08 were passed u/s. 143(3). In all the earlier years same accounting policy regarding the discounts offered by the assessee was followed i.e. trade discounts were netted off again sales and the other post-sale discounts were shown separately and independently in the profit and loss account. In these years the AO has accepted the method of accounting followed by the assessee with respect to treatment of postsale discount. In this case it has been argued that the AO has not rejected the books of account u/s.145(3). There is no change of facts as far as accounting treatment of discount is concerned. Accordingly, reliance was placed on the decision of the Apex Court in the case of Radhasoami Satsang vs. CIT (193 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing method with respect to treatment of post-sale discounts earlier accepted by the department. This accounting method has been continuously followed by the assessee and accepted by the department in scrutiny assessments. Respectfully following the decision of the Apex Court in Radhasoami Satsang (supra) I am of the opinion that the AO has taken an entirely contrary stand in this year on the treatment of post-sale discounts which is not supported by any change in material facts which is not correct. Accordingly, the disallowance is hereby deleted. 3. Learned CIT-DR vehemently contends that CIT(A) has erred in law as well as on facts in deleting the impugned discount and brokerage disallowance. We invited his attention to the fact that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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