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TMI Blog2015 (6) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... commission on the credit entries in the bank account. Since, the issues raised in the grounds are covered by earlier decision of the Tribunal in the group case of the assessee as well as the recent order of the Tribunal for the similar assessment year 2008-09 we do not find infirmity in the first appellate order. In that case also the Tribunal has upheld the first appellate order on identical issues. Addition made by the AO on account of TDS treating the amount claimed from PACL India Ltd. and PGF India Ltd. as real income of the assessee deleted by the Ld. CIT(A) has been upheld. The Tribunal has also upheld the action of the 1st appellate authority in restricting the addition made on account of 4% commission on debit and credit entries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order dated 18.4.2013 of the Tribunal in the case of assessee group Radha Ballabh Builders Pvt. Ltd. for the assessment year 2008-09 in ITA No. 2042 and 2043/ Del/2011. She also pointed out that the issues are also covered in favour of the assessee by the decision of the Tribunal in the assessee group cases in Rishikesh properties Pvt. Ltd. for the assessment year 2006-07 in ITA No. 2061/Del/2009 dated 18.12.2009 and in case of Rishikesh Buildcon Pvt. Ltd. and Rupa Promoters Pvt. Ltd. for the assessment year 2006-07. 4. The Ld. DR, however, placed reliance on the assessment order while supporting the grounds of the appeal. 5. Having gone through the above citation in the cases of assessee groups for the assessment year 2008-09, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... group companies for the AY 2008-09 namely M/s Best Infracon Pvt. Ltd and M/s Best Propmart Pvt. Ltd. wherein the AO has accepted the results shown by these assessee companies and made additions only for the vouchers not readily available. The ld. AR has also submitted copy of the appellate order int eh case of the group company M/s Rishikesh Properties Pvt. Ltd. for the earlier year (A.Y. 2006-07) passed by the ld. Predecessor CIT(A) XVIII, New Delhi in appeal no. 93/08-09 vide order dated 27.02.2009 and by the Hon ble ITAT, Delhi vide order in ITA No. 2061/B/2009 dated 18.12.2009 and in the case of other group companies, viz. M/s P.P Buildmart (P) Ltd. A.Y. 2006-07 passed by CIT(A) XVII, New Delhi vide order in appeal no. 10/CIT(A)- XV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of ₹ 4,28,501/- can not be sustained. The AO is also directed to delete the addition of ₹ 16,99,945/- on account of estimated commission on debit/credit entires in bank statement. Instead, the AO is directed to disallow 2.24% of the gross receipts from M/s PACL India Ltd, as shown in the profit and loss account, as per similar precedence in the case of other group companies as discussed above. Besides, since as per the finding of the AO in the assessment order the income shown by the appellant from its group companies is not genuine, the corresponding expenditure claimed by M/s PACL India Ltd. would also be not genuine. The AO may accordingly verify this matter and take suitable action as per law to disallow any such non-ge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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