2018 (12) TMI 1130

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....ptioned appeal filed by the assessee, pertaining to Assessment Year 2012-13, is directed against an order passed by the Ld. Commissioner of Income Tax (Appeals)-6, Kolkata in appeal No.65/CIT(A)-6/Kol/2015-16 dated 25.05.2017 which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') dated 30.03.2015....

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....ss examine the parties who has received the discount. 3. The CIT(A) grossly erred on facts and in law in passing the impugned order without giving a sufficient and a proper opportunity to the assessee to be heard. The impugned order is passed in violation of principles of natural justice." 4. The brief facts qua the issue are that the assessee company is engaged in a trading and develo....

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....arties whom the discount has been given had informed that no discount received from assessee. Hence, the ld. Assessing Officer made addition of Rs. 10,99,907/-. 5. On appeal, the ld. CIT(A) confirmed the addition made by Assessing Officer. Aggrieved the assessee is in appeal before us. 6. After hearing the ld. DR for the Revenue and the written submissions submitted by the assessee which is ....

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....failed to bring any cogent evidence to show that the amount debited by the assessee to the tune of Rs. 10,99,907/- is bogus. The assessee has incurred the said expenses for the purpose of business, therefore, he is eligible to claim the deduction on account of discount allowed on sale of flat. We note that it is decision of the business-men how much discount is to be allowed to a particular person....