2016 (7) TMI 531 - HC - Income Tax

Commission receipt - Enhancement of income - Held that - Tribunal held that the addition of ₹ 70 lacs to the income of the assessee and the enhancement to the already assessed income of the assessee for having received commission to the tune of ₹ 8.60 lacs for the assessment year 2007-08 was not justified and resultantly, these additions were directed to be deleted. On going through the record of the case, we are of the view that the decision of the Tribunal, which is impugned before us, essentially decides questions of fact and does not raise for our consideration any question of law, much less a substantial question of law, and therefore, requiring no interference on our part. Resultantly, the present appeal is dismissed with no order as to costs. - Decided against revenue

Summary

Issues:
- Challenge to order dated 12.02.2014 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar.
- Deletion of addition of ?70 lacs made by the Assessing Officer.
- Deletion of enhancement made by the Commissioner on account of commission accrued to the assessee.

Analysis:
The High Court dealt with an appeal invoking Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal for the assessment year 2007-08. The primary issue was the addition of ?70 lacs to the income of the assessee, which was deleted by the Tribunal. The Assessing Officer had ordered this addition based on an agreement between the assessee and a company for the sale and purchase of land. The Commissioner further enhanced the assessed income by ?8.60 lacs on account of commission earned by the assessee. However, the Tribunal found the agreement to be unreliable as it was not signed by the company and the amount in question was disputed. The Tribunal concluded that even if cash was received, it was on behalf of the company and should be treated as a capital receipt, not added to the assessee's income, especially when already added to the company's income.

The High Court observed that the Tribunal's decision was based on factual findings and did not raise any substantial question of law for consideration. The Court dismissed the appeal, upholding the Tribunal's decision to delete the additions. The Court noted that the assessee had declared the transactions and commission in subsequent returns for the following assessment year, which was not disputed by the Department. Consequently, the additions of ?70 lacs and ?8.60 lacs to the assessee's income for the assessment year 2007-08 were deemed unjustified and were directed to be deleted. The Court found no grounds for interference and dismissed the appeal without costs.