2016 (2) TMI 1076

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....R. ORDER N. K. Billaiya (Accountant Member) 1. This appeal by the revenue is preferred against the order of Ld. CIT(A)-XIV, Ahmedabad dated 13.04.2012 pertaining to A.Y. 2009-10. 2. The first grievance of the revenue relates to the deletion of the addition of Rs. 13,95,966/- being claim of rebate and discount. While scrutinizing the return of income and verifying the Profit and Loss ac....

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....ssee was showing rebate and discount expenses separately and since this amount has not been debited in that account, the same cannot be allowed. The A.O disallowed Rs. 13,95,966/-. Assessee carried the matter before the ld. CIT(A) and once again claimed what has been stated before the A.O. Necessary details were filed. After considering the facts and the submissions and the relevant documentary ev....

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....t since all these factual details have been examined and verified by the First Appellate Authority. We, therefore, decline to interfere with the findings of the ld. CIT(A), ground no. 1 is accordingly dismissed. 6. The second ground relates to the deletion of the addition of Rs. 1,63,14,603/- made u/s. 40(a)(ia) of the Act. 7. During the course of the assessment proceedings, the assessee was....

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....disallowance. 9. Aggrieved by this, the revenue is before us. The ld. D.R. supported the assessment order. The ld. counsel for the assessee claimed that the issue is squarely covered in the favour of the assessee and again the revenue by the decision of the Hon'ble Jurisdictional High Court in the case of Omprakash R. Chaudhary 57 Taxman.com 38. 10. A perusal of the factual matrix incorporat....