2019 (9) TMI 494 - AT - Income Tax

Commission income qua accommodation entries - HELD THAT - What should be the rate of commission on amounts provided as accommodation entries is required to be decided following the decision rendered by the coordinate Bench of the Tribunal in case of Dwarka Impex Pvt. Ltd. 2019 (5) TMI 20 - ITAT DELHI AO is directed to determine the rate of commission by adopting the decision of Tarun Goyal Group of Cases. AO is also directed to exclude all intragroup entries in the bank account as per directions of the Tribunal, as discussed in and then compute the commission income @ 0.50%. Since the assessee has not given any segregation of the accommodation entries provided outside the group and accommodation entries pertaining to intra-group transactions, the issue is remanded back to the AO to decide afresh after providing adequate opportunity of being heard to the assessee, in the light of the findings returned herein above. - Appeal filed by the assessee is allowed for statistical purposes

Issues Involved:
1. Determination of commission income on accommodation entries.
2. Genuineness of transactions related to purchase and sale of shares.
3. Treatment of transfer to other group companies as accommodation entries.
4. Compliance with Tribunal directions regarding commission rate determination.
5. Addition based on information available on AIR of share transactions.

Issue 1: Determination of commission income on accommodation entries:
The Appellate Tribunal addressed the issue of determining commission income on accommodation entries provided by the assessee company. The Assessing Officer estimated the commission at 2.25% on funds transferred to outside parties, resulting in an addition of ?37,35,000. The Tribunal considered precedents and directed the AO to adopt a commission rate of 0.50% based on previous cases involving similar activities. It was emphasized that commission rates in such clandestine activities should be reasonable and consistent. The Tribunal instructed the AO to exclude intra-group entries while calculating commission income and remanded the issue back for fresh assessment.

Issue 2: Genuineness of transactions related to purchase and sale of shares:
The Appellate Tribunal examined the genuineness of transactions involving the purchase and sale of shares of Prakash Industries. The assessee contended that the shares were sold during the year, providing necessary evidence to support the transactions. However, the CIT (A) did not accept the payment made for share purchase as genuine. The Tribunal emphasized the need for proper documentation and evidence to establish the authenticity of such transactions.

Issue 3: Treatment of transfer to other group companies as accommodation entries:
The Tribunal considered whether transfers to other group companies amounting to ?5.45 crores could be classified as accommodation entries. The assessee argued that these transfers should not be considered as such. The Tribunal directed a reevaluation of this issue, emphasizing the importance of distinguishing between genuine transactions and accommodation entries, especially within group companies.

Issue 4: Compliance with Tribunal directions regarding commission rate determination:
The Tribunal reviewed whether the CIT (A) followed the directions of the Hon'ble Tribunal in determining the commission rate. The appellant had submitted precedents suggesting commission rates ranging from 0.25% to 0.5% in similar cases. The Tribunal stressed the importance of consistency in determining commission rates and directed the AO to consider previous decisions while calculating the commission income.

Issue 5: Addition based on information available on AIR of share transactions:
The Tribunal examined the addition made by the Assessing Officer based on information available on the Annual Information Return (AIR) regarding share transactions of Prakash Industries. The appellant provided evidence of purchase and sale of shares, accounting for profits in the company's books. The Tribunal emphasized the need for proper documentation and evidence to support transactions and directed a reevaluation of the addition made by the AO.

This detailed analysis of the judgment highlights the key issues addressed by the Appellate Tribunal regarding the determination of commission income, genuineness of transactions, treatment of transfers, compliance with directions, and additions based on available information.

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