2022 (12) TMI 1016 - AT - Income Tax

Reopening of assessment u/s 147 - reason to believe - Reliance on information received through independent sources - Addition towards commission income - HELD THAT - No merit in the grounds raised by the assessee, since the case of the assessee was reopened based on information received through independent sources by the A.O about unexplained receipts in the bank account. We, therefore, dismiss. Addition towards undisclosed income computed @0.5% of the bank credit entries carried out in the bank account - A.O has estimated the income based on his observation that the inflow and outflow in the bank account are not akin to any business activity but the same are being carried out for the purpose of earning commission, we, therefore, fail to find any infirmity in the finding of the ld. CIT(A) confirming the addition made by the A.O based on facts and circumstances of this particular case. We, however, like to make it clear that our decision in confirming the finding of ld. CIT(A) of estimating commission income @0.5% of inflow and outflow of funds in the bank account should not be taken as a precedent in other similar cases as this is purely based on the facts of the instant case. Therefore, Ground Nos.3 4 raised on merits are dismissed.

Summary

Issues:
1. Validity of reopening of assessment proceedings under section 147 of the Income Tax Act, 1961.
2. Addition of undisclosed income towards commission income.

Analysis:
1. The appeal pertains to the Assessment Year 2012-13 and challenges the order passed under section 250 of the Income Tax Act, 1961 by the National Faceless Appeal Centre. The appellant failed to appear, prompting the Tribunal to proceed with the assistance of the Departmental Representative. The appellant raised grounds questioning the legality of the assessment proceedings' reopening under section 147 of the Act. The Tribunal dismissed these grounds, affirming the validity of the reopening based on independent sources indicating unexplained receipts in the bank account.

2. The case involved a private limited company declaring an income of Rs.14,080 for the relevant year. The Assessing Officer (A.O) noticed a substantial amount of Rs.6,00,00,000 received by the assessee, leading to the reopening of assessment proceedings. The A.O concluded that the transactions were not for profitability but to earn commission, estimating a commission income of Rs.3,00,000 at 0.5% of the alleged sum. The appellant's appeal challenging this addition was unsuccessful before the CIT(A) and subsequently brought before the Tribunal.

3. The Tribunal upheld the addition of Rs.3,00,000 towards commission income, emphasizing that the A.O's estimation was based on the nature of transactions in the bank account. The Tribunal clarified that its decision in this case should not set a precedent for similar cases, as it was specific to the facts presented. Ultimately, the Tribunal dismissed the appeal, affirming the findings of both lower authorities and upholding the addition of undisclosed income towards commission income.

In conclusion, the Tribunal ruled in favor of the Department, dismissing the appellant's appeal and confirming the addition of Rs.3,00,000 as commission income. The decision highlighted the specific circumstances of the case and clarified that it should not be considered a precedent for similar cases.