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TMI Blog2018 (10) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... his claim that he has given cash discount to the customers and his explanation as to why it is not included in the invoices is that Mahindra & Mahindra does not allow such discount to be given and therefore, it could not be included in the invoices, but only to ward off the competition, the assessee was constrained to give the cash discount. We find that this evidence goes to the root of the matter and if it is proved that the assessee has given cash discounts, the same is allowable as expenditure. This material is filed before us for the first time. Therefore, we deem it fit and proper to admit the same and remand the issue to the file of the AO for verification - Decided in favour of assessee for statistical purposes. - ITA No. 264/Hyd/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authorities below failed to appreciate that the net effect of allowing discount so far as the Appellant is concerned remains the same viz., whether it is reduced from the invoice amount, or by offering gross sales and showing the discount separately in the profit and loss account. The alleged violation of maintain the invoice under the APVAT Act would not dis-entitle the allowance of genuine expenditure in the hands of the Appellant . 2. Brief facts of the case are that the assessee, a partnership firm, an authorized dealer of Mahindra Mahindra Tractors in part of Medak District, is in the business of sale of tractors and its spare parts and is also offering after sales services to the customers. The assessee filed its return of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to tax as unexplained expenditure. Aggrieved, the assessee preferred an appeal before the CIT (A) who confirmed the order of the AO and the assessee is in second appeal before us. 4. The learned Counsel for the assessee submitted that the AO conducted enquiries behind his back and has not given any opportunity to the assessee to rebut the findings in the report. He submitted that the assessee could not furnish relevant material before the CIT (A), but has filed additional evidence in the form of a paper book before this Tribunal. An application for admission of additional evidence is filed before us. 5. The learned DR, on the other hand, opposed the admission of additional evidence and also submitted that the assessee has not yet ro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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