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TMI Blog2021 (7) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... ant s contention that the respondent used to provide accommodation entries upon charging commission. Tribunal has held that just because some loose sheets had been found stating that percentage of commission was 1.69% to 2.5% in some transactions, it cannot be presumed that for all transactions the respondent had earned a similar rate of commission. Further relying upon past decisions by a numb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WLA Appellant Through: Mr. Ajit Sharma, Advocate. Respondent Through: None. JUDGMENT MANMOHAN, J: (Oral) 1. The appeals have been heard by way of video conferencing. 2. Present appeals have been filed challenging the orders dated 23rd January, 2019 passed by the Income Tax Appellate Tribunal [ITAT] in ITA No. 6351 of 2016 and ITA No. 6350 of 2016. 3. Learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned orders dated 23rd January 2019 partially allowed the respondent-Assessee's appeals and set-aside the assessment orders and CIT(A) orders on the basis that in such illegal activities, no precedence of rate could be applied and further held that there cannot be any profit element in inter-group transactions. 6. He emphasises that the ITAT had overlooked the fact that the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that just because some loose sheets had been found stating that percentage of commission was 1.69% to 2.5% in some transactions, it cannot be presumed that for all transactions the respondent had earned a similar rate of commission. 8. Further relying upon past decisions by a number of Coordinate Benches of the Tribunal adopting a commission rate ranging from 0.15% to 0.50%, in similar mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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