2006 (7) TMI 103

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....ate Tribunal, Delhi Bench "B" in ITA No. 1667/Del/02 relevant for the assessment year 1998-99. 2. The assessee carries on the business of manufacturing and sale of soft drinks. For the relevant assessment year the assessee claimed breakage, leakage and burst etc. of bottles and debited an amount of Rs. 1,38,54,100/- under this head. Out of this amount the assessee voluntarily added back a sum o....

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....ssee. The giving of discount etc. was not in doubt and only the quantum was required to be considered. 5. Feeling aggrieved by the order passed by the Commissioner of Income Tax (Appeals), the assessee preferred an appeal before the Tribunal which was passed the impugned order allowing its appeal. 6. The Tribunal has noted that the discount given by the assessee was not a colorable device an....

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....3,01,853/- as the income of the assessee, it had no option but to place all the relevant material on record before the Commissioner of Income Tax (Appeals), which it did. The Commissioner of Income Tax (Appeals) considered the material on record and did not doubt the nature of the transactions nor the transactions itself but came to the conclusion that because in the earlier year, the discount giv....