2021 (8) TMI 1220 - AT - Income Tax

Estimation of income - Rate of commission on accommodation entries - income for commission earned at the rate of 2% on sale transaction - HELD THAT - The assessee being a company of the Tarun Goyal Group of the companies, respectfully following the finding of the Tribunal 2019 (1) TMI 1266 - ITAT DELHI , we restrict the rate of the commission assessed by the Assessing Officer to 0.50 % of the transactions carried out by the assessee in the year under consideration. The ground of the appeal of the assessee is accordingly partly allowed.

Summary

Issues:
1. Addition of commission by Assessing Officer
2. Allegation of accommodation entries
3. Rate of commission determination
4. Relevance of Supreme Court/Punjab & Haryana High Court decisions
5. Legality of orders passed by Assessing Officer and CIT(A)

Issue 1: Addition of commission by Assessing Officer
The appeal challenged the addition of ?24,22,248 by the Assessing Officer, representing 2% of the sale transaction amount without proper appreciation of facts. The CIT(A) upheld this addition, leading to the appeal before the Tribunal. The Assessing Officer assessed the income for commission at 2% based on the sale transaction amount of ?12,11,12,443. The appellant contended that the CIT(A) erred in not considering the submissions made before them.

Issue 2: Allegation of accommodation entries
The Assessing Officer alleged that the transactions of sale and purchase of shares were in the nature of accommodation entries without substantial evidence, which the CIT(A) failed to appreciate. The CIT(A) also incorrectly observed that shares purchased were sold the following day at a low rate to incur losses. The appellant argued against these allegations.

Issue 3: Rate of commission determination
The main dispute revolved around the rate of commission applied by the Assessing Officer. The appellant, being part of the 'Tarun Goyal Group,' cited a previous Tribunal order restricting the commission rate to 0.50% for similar cases within the group. The Tribunal considered this argument and restricted the commission rate assessed by the Assessing Officer to 0.50% of the transactions for the year under review.

Issue 4: Relevance of Supreme Court/Punjab & Haryana High Court decisions
The CIT(A) and Assessing Officer were criticized for referring to decisions of the Supreme Court and Punjab & Haryana High Court that were deemed irrelevant to the case. The Tribunal emphasized the importance of considering relevant precedents and legal principles in making decisions related to commission rates and accommodation entries.

Issue 5: Legality of orders passed by Assessing Officer and CIT(A)
The appellant contended that the orders passed by the Assessing Officer and CIT(A) were legally flawed and should be quashed. The Tribunal partially allowed the appeal, restricting the commission rate to 0.50% based on the findings related to the 'Tarun Goyal Group' and the precedent set by a previous Tribunal order.

This detailed analysis of the judgment highlights the key issues raised in the appeal and the Tribunal's decision based on the arguments presented by the parties involved.