AI Drafter 
TaxTMI 
TaxTMI 
2023 (7) TMI 1035
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....owing grounds of appeal in ITA No. 178/Asr/2018: "1. The CIT(A) has grossly erred in confirming the action of A.O., There by upholding the addition for a sum of Rs 10236902/- out of special discount, account thereby completely ignoring the detailed submissions made by the assessee. 2. The CIT(A) has erred in not agreeing to the assessee's submissions regarding the report u/s 92E of the IT Act duly certified by a chartered accountant. 3. The CIT(A) has erred in ignoring the submissions of the assessee regarding the complete details of the quantity wise sales made to the Ess Ess Kay Marketing Co. at a higher MRP. 4. The CIT(A) has erred in confirming the action of ITO thereby disallowing a sum of Rs 935....
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....ay Marketing Company Pvt. Ltd which is 22% of the total sales made by the assessee company. 2. The CIT (A) has erred in confirming the disallowance made by the A.O. for Rs. 428441/- on account of rebate and discount to other parties. The A.O has wrongly stated that the assessee has not agitated this disallowance as proper replies were filed before the A.O. 3. The assessee craves leave to add, amend, alter or delete any of the grounds of appeals before or at the time of hearing." 4. There are similar grounds on major common issue of special discount, besides other travelling and rebate expenses challenged in the multiple grounds, on identical facts by the appellant and hence both the appeals are heard and adjudicated tog....
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....ive details with regard to the effect of increase in MRP have been furnished so as to justify the special discount allowed to the related party, It is stated that this discount has been given in the course of business transactions carried out with that company and audit under section 92E of the IT act has also been carried out. 4.9 I have carefully considered the material available on record and find that it is an accepted fact that out of the total amount of Rs. 152.15 lakh claimed under the head special discount, an amount of Rs. 102.36 Lakh has been given to M/s Ess Ess Kay Marketing Co P Ltd, which is the related party. I have also gone through the sales analysis of electrical accessories filed by the appellant in the course of....
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....rities and contended that the CIT(A) has grossly erred in confirming the action of A.O. by upholding the addition for a sum of Rs 10236902/- out of special discount, thereby completely ignoring the detailed submissions made by the assesse; that he did not rebut to the assessee's submissions regarding the report u/s 92E of the IT Act duly certified by a chartered accountant; and that completely ignored the submissions of the assessee regarding the complete details of the quantity wise sales made to the Ess Ess Kay Marketing Co. at a higher MRP. The Ld. CIT(A) has not appreciated facts and assesses submission on record regarding claims of travelling expense and rebate & discount to other parties. The Ld. Counsel for the assesse filed the ....
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....le passing their orders have failed to consider & appreciate that the assessee's averments were correct vis a vis the fact; that associate entity was billed on higher MRP value, the % trade discount as allowed was being i.e. 61.85% as compared 69.99% to other accredited dealers network entities, and therefore, consequently the associate entity was required to be compensated by way of special discount at the year end and that the said special discount of Rs. 1,02,36,900/- was in due cognizance of the loss suffered by the said associate entity, who was allowed lower Trade Discount %. Consequently, it was billed at higher MRP price. He argued that the % trade discount of Rs. 52.37 was an average % of the trade discounts to separate three d....