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TMI Blog2012 (12) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; The present appeal has been filed under Section 260-A of the Income Tax Act,1961, hereinafter referred to as "the Act ", against the order dated 11.9.2009 passed by the Income Tax Appellate Tribunal, Allahabad Bench Allahabad. The Department has proposed the following substantial questions of law said to be arising out of the Tribunal's order.: '1. Whether on the facts and in the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oks/diaries and sale thereof. It had disclosed the total sale of a sum of Rs.8,14,80,833/- declaring gross profit at Rs.1,89,08,089/-. It had filed return of income showing income of Rs.83,57,210/-. During the course of assessment proceeding the Assessing Officer found that the assessee had sold Bhargav Dictionary though its sister concern "Sri Ganga Pustkalay" and had offered a discount of 3% whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no justification to offer a discount of 3% to its sister concern while 2.5% was allowed by the assessee to other customers. He further submitted that there was no justification to sell dictionaries at price lesser than what it was charging from other whole sellers. He thus submitted that the order of assessing authority ought to have been restored. The submission is wholly misconceived. The Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not apply. It is not disputed that the assessee has neither claimed any deduction as expenditure incurred towards discount offer nor the lesser price charged by it. We are of the considered opinion that the Tribunal has rightly held that provisions of Section 40A (2) (a) of the Act would not be attracted in the present case. The impugned order passed by the Tribunal does not suffer from a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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