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2017 (4) TMI 1601

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..... AO disallowed the claim of the assessee on various reasons - CIT(Appeals) for the assessment years 2010-11, 2003-04 and 2004-05, allowed the claim of the assessee holding that it is an expenditure for the purpose of business. The orders of the CIT(A) for assessment years 2003-04, 2004-05 and 2010-11 were, in fact, confirmed by this Tribunal [ 2015 (3) TMI 1418 - ITAT CHENNAI] - In fact, for the assessment year under consideration, CIT(A) followed the order of this Tribunal for assessment years 2003-04, 2004-05 and 2010-11. Since the CIT(Appeals) has followed the order of this Tribunal and restricted the disallowance to 7.5% and allowed the claim of the assessee to the extent of 92.5%, this Tribunal do not find any reason to interfere wi .....

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..... ccording to the Ld. D.R., since the company was changed, the Assessing Officer by following his own order, disallowed the claim of the assessee. On appeal by the assessee, the CIT(Appeals) by following the order of this Tribunal in the assessee's own case for assessment year 2010-11, restricted the disallowance to 7.5% of total claim and he balance 92.5% was allowed. According to the Ld. D.R., the assessee has filed the appeal in respect of disallowance made by the CIT(Appeals) to the extent of 7.5% of the total claim and the Revenue has filed the appeal against the direction of the CIT(Appeals) to allow sales promotion expenses to the extent of 92.5%. According to the Ld. D.R., there is no justification on the part of the CIT(Appeals) .....

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..... arketing Corporation. Tamil Nadu State Marketing Corporation, in turn, is selling the same to the customers through retail outlets across the State. For the purpose of promoting Indian-made foreign liquor manufactured by assessee-company, they are supplying some gift articles to the customers at the retail vending shops. The assessee claimed the expenditure while computing the total income. In fact, the Assessing Officer disallowed the claim of the assessee on various reasons. The CIT(Appeals) for the assessment years 2010-11, 2003-04 and 2004-05, allowed the claim of the assessee holding that it is an expenditure for the purpose of business. The orders of the CIT(Appeals) for assessment years 2003-04, 2004-05 and 2010-11 were, in fact, con .....

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