2016 (5) TMI 638 - AT - Income Tax

Estimation of rate of commission earned on the accommodation cheques - Held that - as a result of search and survey, the AO has found that assessee was engaged in giving accommodation entry on which assessee has earned commission income of 5 to 7%. Accordingly the AO estimated assessee s income in the form of commission @5% on the amount of cheques issued. In an appeal filed by the assessee before CIT(A), the CIT(A) after consideration entire seized material as well as statement of various persons recorded during search came to the conclusion that assessee has earned commission income of 3%. Thereafter CIT(A) also allowed expenses of 20% of gross commission, thus, arrived at net commission of ₹ 2.6% as against commission income of 0.4% as offered by the assessee. We found that CIT(A) has dealt with the issue in great detail and after considering entire material on record reached to the finding that estimation of commission @3% on cheque amount and 20% on expenditure will be fair and reasonable. Nothing was brought on record so as to persuade us to deviate from the findings recorded by CIT(A) for arriving at this conclusion. Accordingly, we do not find any reason to interfere in the order of CIT(A) for upholding the net commission to the income of 2.4%. In view of the above, ground taken by the assessee with regard to estimation of commission rate are hereby dismissed.

Summary

Issues Involved:
1. Estimation of the rate of commission earned by the assessee on accommodation cheques.
2. Confirmation of protective addition on account of transactions with G.R. Pandya Shares and Securities Ltd.
3. Confirmation of protective addition on account of transactions with T.H. Vakil Shares and Securities Pvt. Ltd.

Issue-Wise Detailed Analysis:

1. Estimation of the Rate of Commission Earned by the Assessee on Accommodation Cheques:
The primary grievance of both the assessee and the revenue pertains to the estimation of the rate of commission earned by the assessee on accommodation cheques. The case involves search and seizure actions under section 132 and survey under section 133A of the Income Tax Act, during which various documents and statements were recorded. The assessee admitted to providing financial accommodation entries, including speculation profit, artificial long-term capital gains, share application money, and gifts/donations. The Assessing Officer (AO) estimated the commission income at 5% of the cheques issued and deposited, based on the modus operandi detailed in the assessment order. The CIT(A) modified the profit rate to 3%, considering the involvement of middlemen and the average rate of commission found in seized materials. The CIT(A) also allowed expenses at 20% of the gross commission, resulting in a net commission of 2.4%. The tribunal upheld the CIT(A)'s decision, finding it fair and reasonable based on the material on record.

2. Confirmation of Protective Addition on Account of Transactions with G.R. Pandya Shares and Securities Ltd.:
For the assessment years 2003-04 to 2007-08, the assessee contested the CIT(A)'s confirmation of protective additions related to transactions with G.R. Pandya Shares and Securities Ltd. The CIT(A) provided detailed reasoning for these protective additions, which the tribunal found no reason to interfere with. The tribunal upheld the CIT(A)'s decision, confirming the protective additions.

3. Confirmation of Protective Addition on Account of Transactions with T.H. Vakil Shares and Securities Pvt. Ltd.:
For the assessment years 2004-05 to 2006-07, the assessee also contested the CIT(A)'s confirmation of protective additions related to transactions with T.H. Vakil Shares and Securities Pvt. Ltd. Both the AO and CIT(A) provided detailed findings for these protective additions. The tribunal found no reason to deviate from the findings of the lower authorities and upheld the CIT(A)'s decision, confirming the protective additions.

Conclusion:
The tribunal dismissed all the appeals of the assessee and the revenue, upholding the CIT(A)'s decisions on the estimation of the commission rate and the confirmation of protective additions. The order was pronounced in the open court on 06/04/2016.