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2022 (5) TMI 1011 - AT - Income TaxValidity of reopening of the assessment - Unexplained bank deposits - HELD THAT - As perused the material on record and gone through the orders of authorities below. There is no dispute with regard to the fact that there were deposits in the bank account of the assessee. The assessee had not offered the amount of commission. Considering the facts of the present case, there is no infirmity in reopening of the assessment of the assessee. Ground nos. 1 2 of the assessee s appeal are dismissed. Adopting the commission income at 0.5% and the direction to this effect issued by CIT(Appeals) to the assessing authority - HELD THAT - It is clear that the basis of adopting 0.5% as the commission income was on the basis of the statement of the assessee himself. However, this statement was not brought to the notice of the Division Bench of this Tribunal - assessee could not rebut the fact that the assessee himself has stated of having received commission in cash @ 0.5% out of which 0.3% was paid as bank charges. We find that the CIT(Appeal) on the basis of this statement has adopted the commission income but he has allowed the expenses on the actual basis - statement cannot be used in part. It is to be read as a whole. Therefore, considering the statement of the assessee we hereby direct the Assessing Officer to adopt 0.20% as the net commission income of the assessee.
Issues Involved:
1. Validity of reopening of assessment 2. Determination of commission income at 0.5% 3. Direction issued by the CIT(Appeals) to the assessing authority Issue 1: Validity of reopening of assessment The case involved the reopening of the assessment of the assessee for the assessment year 2011-12 under section 147 of the Income-tax Act, 1961. The Assessing Officer reopened the case based on cash deposits in the bank account of the assessee, as reported in AIR information. The authorized representative of the assessee appeared before the Assessing Authority and stated that the return of income was filed declaring income of Rs. 1,47,200. The Assessing Officer proceeded to frame the assessment, assessing commission income at Rs. 34,00,325, being 1% of the total turnover. The assessee challenged the validity of the reopening, arguing that it was not justified. However, the Tribunal found no infirmity in the reopening of the assessment, as the assessee had not offered the commission amount, leading to the dismissal of the appeal on this issue. Issue 2: Determination of commission income at 0.5% The CIT(Appeals) directed the Assessing Officer to apply a commission income rate of 0.5% instead of 1% and allow expenses on an actual basis, including bank charges. The assessee contended that the CIT(Appeals) erred in directing the lower rate, citing a previous Tribunal decision for a different block period. The CIT(Appeals) based the decision on a statement by the assessee, indicating a commission rate of 0.5%, out of which 0.3% was paid as bank charges. The Tribunal noted that the statement was not presented earlier but found it credible. Consequently, the Tribunal directed the Assessing Officer to adopt 0.20% as the net commission income of the assessee, partially allowing the appeal on this issue. Issue 3: Direction issued by the CIT(Appeals) to the assessing authority The appeal also challenged the direction given by the CIT(Appeals) to the Assessing Officer regarding the determination of commission income at 0.5%. The Tribunal analyzed the statement provided by the assessee, which revealed the commission rate and bank charges. The Tribunal concluded that the statement should be considered in its entirety, leading to the decision to adopt 0.20% as the net commission income. Consequently, the Tribunal partially allowed the appeal based on this issue. In conclusion, the Tribunal upheld the validity of the reopening of the assessment, adjusted the commission income rate to 0.20% based on the statement provided by the assessee, and partially allowed the appeal on the issues related to the determination of commission income and the direction issued by the CIT(Appeals).
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