COMMISSIONER OF INCOME-TAX Vs. DEVAYHI BEVERAGES LTD

JUDGEMENT

(1.) THE Revenue is aggrieved by an order dated June 21, 2005, passed by the Income -tax Appellate Tribunal, Delhi Bench 'B', in ITA No. 1667/Delhi/02 relevant for the assessment year 1998 -99.

(2.) THE assessed carries on the business of manufacturing and sale of soft drinks. For the relevant assessment year the assessed 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 assessed voluntarily added back a sum of Rs. 85,52,347 leaving a balance of Rs. 53,01,853 which was claimed as discount, etc., allowed to dealers for breakage, leakage and burst, etc.

(3.) IN appeal before the Commissioner of Income -tax (Appeals) the assessed filed a paper book in which all the claim letters, debit notes, etc. raised by the parties were filed. The Commissioner of Income -tax (Appeals) considered the material on record and did not dispute the transactions but came to the conclusion that because in the earlier year the net discount given by the assessed was 0.635 per cent, of the total sales, in the present relevant assessment year also the net discount should be 0.635 per cent, of the total sales as against 1.25 per cent, worked out by the assessed. The giving of discount, etc., was not in doubt and only the quantum was required to be considered.