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2013 (5) TMI 528

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..... der the head sales promotion expenses was not the expenses other than the expenditure as claimed as deduction from commission income by the assessee - appeal of the revenue is dismissed. - ITA No.2014/Kol/2010 - - - Dated:- 3-5-2013 - Sri N. S. Saini AM And Sri Mahavir Singh, JM,JJ. For the Appellant: Shri Dilip Kumar Rakshit, Sr. DR For the Respondent: Dr. D. R. Agarwal, FCA ORDER Per Shri N. S. Saini, AM. This is an appeal filed by the Revenue against the order of ld. CIT(A)-XIX, Kolkata dated 20.08.2010. 2. The sole issue involved in this appeal of the Revenue is that the ld. CIT(A) erred in deleting the disallowance of deduction of discount of Rs.9,55,685/- which was claimed twice by the assessee. 3. The brief f .....

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..... 6,673/- in the profit and loss account under the head 'sales promotion expenses'. As per the ledger account the discount/rebate allowed on commission from IATA Airlines and Star Cruise was also debited in the books under the head 'sales promotion expenses'. The AO disallowed Rs.9,55,565/- comprising of discount of Rs.5,83,456/- on IATA Airlines and Rs.3,72,229/- on Star Cruise for the reason that the assessee had debited the net amount of Rs.26,673/- in the profit and loss account under head sales promotion expenses. The AO was of the opinion that further allowance of discount which has been debited in the books under the head sales promotion expenses will amount to double allowance of such expenses because the discount of Rs.9,55,685/- was .....

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..... g the orders of the authorities below and material available on record, we find that the AO disallowed the claim of deduction of Rs.9,55,685/- comprising of discount of Rs.5,83,456/- from IATA Airlines and Rs.3,72,229/- from the Star Cruise for the reason the appellant had debited the net amount of Rs.26,673/- to the profit and loss account under the head sales promotion expenses. The ld. CIT(A) after verifying the sales promotion ledger account of the assessee observed that the sales promotion expenses of Rs.26,673/- debited in the profit and loss account are expenses other than the expenses of Rs.9,55,685/- claimed as deduction from the commission income. Therefore there was no double claim of these expenses as observed by the AO. The ld. .....

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