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Trade Discount Not Commission: ITAT Quashes CIT’s Section 263 Revision for Overreach

Case Law Details

TaxGuru Citation
2025 taxguru.in 8705
Case Name
Threepence Craft Vs CIT/ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
24/09/2025
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Threepence Craft Vs CIT/ITO (ITAT Delhi)

Trade Discount Not Commission- AO Made Enquiry, CIT Only Disagreed -CIT Cannot Substitute AO’s View:-  ITAT Delhi Quashes 263 Order & Consequential Reassessment

Assessee filed appeal against revisionary order u/s 263 passed by CIT, & also against consequential assessment order u/s 143(3) r.w.s. 263 confirmed by CIT(A).

The dispute arose from CIT’s revision on ground that AO had not examined applicability of TDS u/s 195 on 12% discount allowed to overseas buyer, which was treated by CIT as commission liable for deduction of tax. CIT further directed AO to re-examine genuineness of purchases & exports.

Assessee argued that the 12% deduction was a trade discount agreed in purchase agreement, not commission. Buyer remitted balance after deducting discount, & no payment was made by Assessee to any agent. All details including purchase orders, inward remittance certificates & agreements were furnished during original assessment, which AO accepted after due enquiry. It was contended that CIT wrongly exercised jurisdiction u/s 263 merely on AO’s proposal without independent application of mind. Reliance was placed on Delhi High Court rulings in Sunbeam Auto Ltd., DLF Ltd., Vikas Polymers & ITAT decisions (SSG Infratech Pvt. Ltd., Volkswagen India Pvt. Ltd.).

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,911

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