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TMI Blog2021 (12) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal that the assessee is giving discount/rate deduction to customers as per its business policy, which are supported by circulars issued from time to time. The entire payment has been reflected in the ledger account of various dealers and supported by the evidences. The ratio of discount to the turnover is very consistent from year 2008-09, which has been demonstrated before the lower authorities, so was the ratio of gross profit. There was nothing on record before the ld. AO that claim of the assessee was not genuine or non-existent, he has mechanically followed his predecessor's order to reject, otherwise a justifiable claim of the assessee. Therefore, as observed earlier, since identical issue has been considered in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additions/disallowances were made on account of other expenses/trade discount/rate difference above ₹ 10 lacs. The CIT(A) deleted the additions for the AY 2010-11 to 2012-13, were in department has preferred appeal before the Hon'ble ITAT. The following the same steps and identical issues for the year under consideration, disallowance of ₹ 42351335/- on account of rate difference and discount is to be disallowed and added to the total income of the assessee. 4. In other words, the ld. AO simply based on his predecessor's order for the earlier years, made the impugned additions. Aggrieved assessee preferred appeal before first appellate authority. The ld. CIT(A) found that similar issues arose in the earlier assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record, the ld. AO has ritually rejected claim of the assessee year after year without making any logical end. It has time and again stated by the assessee, recorded by the ld. CIT(A) and taken note by the Tribunal that the assessee is giving discount/rate deduction to customers as per its business policy, which are supported by circulars issued from time to time. The entire payment has been reflected in the ledger account of various dealers and supported by the evidences. The ratio of discount to the turnover is very consistent from year 2008-09, which has been demonstrated before the lower authorities, so was the ratio of gross profit. We reproduce relevant portion of the CIT(A)'s order in this behalf as under: 4.2 I have con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stablished its business to provide high value research and hybrid seeds to farmers as a brand name Western since last twenty years. In any business, discount/rate difference is allowed to customers as per policy of the business and for which trade circulars are issued on time to time basis. The entire payment made by Appellant is duly reflected in ledger account of various dealers and supported by evidences. Even AO has not pointed out any defect in such evidences produced by Appellant On the basis of submission, it is seen that AO has not drawn any adverse inference which is apparent in the assessment order. The issue was raised from the details submitted by appellant, which prove that Appellant has produced evidences in support of its c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 4,23,51,335/- is held not justified and is directed to be deleted. Ground no. 1 of appeal is allowed. 7. There was nothing on record before the ld. AO that claim of the assessee was not genuine or non-existent, he has mechanically followed his predecessor's order to reject, otherwise a justifiable claim of the assessee. Therefore, as observed earlier, since identical issue has been considered in favour of the assessee by the co-ordinate benches of the Tribunal from the Asstt. Year 2010-11 upto the Asstt. Year 2012-13, following the same, we reject this ground of appeal, and dismiss appeal of the Revenue. 8. In the result, appeal of the Revenue is dismissed. Order pronounced in the Court on 14th December, 2021 at Ahmedaba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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