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2021 (7) TMI 445 - AT - Income TaxEstimation of income - assessee was only earning commission income - addition by the Ld. AO with respect to the cash credited in the bank account of the assessee - HELD THAT - We are of the view that, the above mentioned estimate of commission income earned by the assessee during the relevant assessment year seem to be reasonable. Hence, we are of the considered view that on the overall, the assessee s income should be estimated and assessed at ₹ 32,00,000/- (by r/o ₹ 31,38,600/-) worked by us hereinabove. Accordingly, we hereby direct the Ld. AO to assess the net taxable income of the assessee at ₹ 32,00,000/- as against the returned income of the assessee of ₹ 7,00,200/-. Consequently, the returned income of the assessee ₹ 7,00,200/-, the addition made by the Ld. AO of ₹ 94,04,800/- and the enhancement of the income by the Ld. CIT (A) of ₹ 5,76,98,279/- shall stand deleted. Appeal of the assessee is partly allowed
Issues:
Assessee's appeal against Ld. CIT(A)'s order enhancing cash credit addition in bank account. Detailed Analysis: 1. Nature of Business and Scrutiny Assessment: The assessee, an individual financial intermediary, filed an income tax return for AY 2015-16 but faced scrutiny due to cash deposits exceeding turnover. The Ld. AO noted a cash deposit of ?1,44,09,200 in the bank account, treating it as income after the assessee couldn't reconcile turnover with deposits. 2. Ld. CIT(A)'s Decision: On appeal, Ld. CIT(A) upheld the Ld. AO's decision. The assessee declared a turnover of ?79,34,850 but deposited ?53,75,11,279 in four bank accounts. The assessee explained these deposits as funds held for clients' transactions, not reflected as turnover in books but disclosed consultancy income. 3. Contentions and Arguments: The assessee argued that the business involved arranging funds for clients, earning 0.25-0.5% commission on transactions, all done through cheques. The Ld. AR contended that additions were erroneous, risking business annihilation, while Ld. DR supported the tax authorities' decisions. 4. Tribunal's Analysis and Decision: The Tribunal recognized the nature of the assessee's business as a financial intermediary, earning only commission income. All funds received were transferred to clients through cheques, with minimal cash deposits considered part of turnover. The Tribunal found the AO and CIT(A)'s additions illogical, estimating commission income at 11.2%. 5. Final Judgment and Order: Considering the business model and transactions, the Tribunal estimated the assessee's income at ?32,00,000, deleting the original addition and enhancement. The returned income of ?7,00,200, AO's addition of ?94,04,800, and CIT(A)'s enhancement of ?5,76,98,279 were all annulled. The appeal was partly allowed, directing the AO to assess the net taxable income at ?32,00,000. In conclusion, the Tribunal's detailed analysis of the business operations and income estimation led to a favorable decision for the assessee, overturning the previous additions and enhancements by the tax authorities.
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