2018 (11) TMI 1910 - AT - Income Tax

Estimation of commission income @ 0.1% of the sales turnover - HELD THAT - CIT(A) has decided the matter of the controversy on the basis of the decision of Hon ble ITAT in the assessees own case for the immediate proceeding A.Y. 2012-13 2018 (6) TMI 1811 - ITAT MUMBAI wherein CIT (Appeal) has mentioned the case of Smt. Kalawati Negi, who was also an employee of the same group and showed similar transaction to jack up the turnover, wherein, the Ld. Assessing Officer itself made the addition on such account @ 0.1%. No contrary decision was brought to our notice. Thus, we find no infirmity in the conclusion of the Ld. Commissioner of Income Tax (Appeal), resultantly, the appeal of the Revenue is dismissed.

Summary

Issues Involved:
1. Estimation of commission income at 0.1% of sales turnover.
2. Reliance on previous assessment order for a different assessee.
3. Treatment of transactions as sham and circular trading within group companies.
4. Admissibility of additional grounds by the appellant.

Analysis:

Issue 1: Estimation of Commission Income
The revenue challenged the direction to estimate commission income at 0.1% of sales turnover, contending that the AO's detailed facts were not appreciated. The CIT(A) relied on a previous assessment order for the same assessee in A.Y. 2012-13, where commission income was estimated at 0.1%. The CIT(A) found the estimation by the AO at 2% to be on the higher side, considering the transactions were within group concerns to increase turnover. The CIT(A) restricted the estimation to 0.1% of sales turnover, providing relief to the assessee. The Tribunal upheld the CIT(A)'s decision, citing no contrary decision supporting the revenue's claim.

Issue 2: Reliance on Previous Assessment Order
The revenue objected to the CIT(A) allowing the appeal based on a previous assessment order for a different assessee, arguing that decisions by one AO are not binding on another. However, the CIT(A) found the facts of the current case to be identical to the previous case, where the estimation was reduced to 0.1%. The Tribunal upheld the CIT(A)'s reliance on the previous order, as no contrary decision was presented by the revenue.

Issue 3: Treatment of Transactions
The revenue contended that the transactions were sham and aimed at circular trading within group companies, suggesting that the assessee provided accommodation entries to her employer for earning commission. However, the CIT(A) considered the transactions legitimate, as they were within group concerns to boost turnover, resulting in no profit or loss. The Tribunal found in favor of the assessee, upholding the CIT(A)'s decision.

Issue 4: Admissibility of Additional Grounds
The appellant sought leave to add, amend, or modify grounds, which was permissible either before or during the hearing. However, no specific mention of additional grounds being addressed in the judgment was provided.

In conclusion, the Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decision to estimate commission income at 0.1% of sales turnover based on the previous assessment order and the nature of transactions within group concerns. The judgment favored the assessee on all issues raised by the revenue.