2003 (5) TMI 295

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..... r the Respondent. [Order per : Justice K.K. Usha, President]. This is an appeal at the instance of the Revenue challenging the order passed by Commissioner (Appeals) dated 5-5-2002. 2. The issue raised herein relates to the claim of the respondent/assessee for deduction of retailing expenses. Pursuant to an order passed by this Tribunal dated 18-3-99, this issue was examined by the adj .....

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..... ctice in that commodity and other relevant factors. Certificate issued by the Chartered Accountant that the retailing expenses would be 20% of the retail price was also relied upon. On the other hand it was contended by the Department that only 50% of the marketing expenses can be allowed as the retailing expenses. The Commissioner (Appeals) accepted the contention raised by the assessee and took .....

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..... ce, the assessee claimed at 20%. It had pointed out that in the case of Modi Xerox, Hon ble Supreme Court had allowed 28% as retailing expenses. The certificate issued by the Chartered Accountant that the retailing expenses would come to 20% of the retail price cannot be brushed aside. In the above circumstances, the Commissioner (Appeals) was fully justified in fixing the retailing expenses at 20 .....

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