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TMI Blog2022 (2) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... ness and engaged in the same business activity. Therefore we are of the view that assessee's matter is squarely covered by the order of this Co-ordinate Bench of the Tribunal (supra) for AY 1995-96, wherein the issue in question has been decided on merits by treating assessee as an accommodation entry provider. We see no reason to take any other view of the matter than the view so taken by the Co-ordinate Bench of this Tribunal in assessee's own case - Thus we direct the Assessing Officer to treat @ 3% of accommodation entry, as the income of assessee. - ITA No. 258/SRT/2017 - - - Dated:- 31-1-2022 - Pawan Singh, Member (J) And Dr. A.L. Saini, Member (A) For the Appellant : Dharmesh Shah, A.R. For the Respondents : Anu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 740/AHD/2013 for AY 1995-96 decided on 07.02.2017, wherein the co-ordinate Bench has allowed the addition @ 3% of the accommodation entry, as the income for the assessee. During the current year, the assessee is also carrying the same activity, therefore his case is squarely covered by the order of this co-ordinate bench (supra). 4. However, Ld. Sr. Departmental Representative for the Revenue submitted that in the assessment year under consideration the depositors are not same, and the depositors were not produced before the Assessing Officer therefore assessee cannot take the advantage of the covered case. 5. We have heard both the parties and perused the material available on record. We note that assessee has been carrying on same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er book. We also find that vide letter dated 12th October 2011 exhibited at pages 21 and 22 of the paper book. The assessee had requested the A.O. to make enquiries u/s. 131 or u/s. 133(6) of the Act so as to obtain relevant bank statements. The information given in the remand proceedings read as under:- Annexure 1 It is submitted that during the financial year 1994-95, the assessee was in need of funds. Hence, under the guidance from the friends, the assessee decided to carry on the activity of providing accommodation transactions which could help him to generate some income. In the course of the business being carried on by the assessee, various customers approach the assessee for obtaining adjustment bills. The customers m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he beneficiaries tend to convert their unaccounted money into accounted money and hence can utilize the same. It is submitted that the real owners and beneficiaries of the said amount are those parties who have been issued the cheques and hence the assessee should not be subjected to tax on the amounts or income which does not belong to him. It is submitted that the tax should be levied on the persons who have actually earned the said amounts and to whom the said cash belong. The details of the names and addresses of the parties have already been furnished to your goodself. Based on the said details, we humbly request: your goodself that the aforesaid submissions made by the assessee may kindly be confirmed by Issuing summons to these parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant unaccounted income. More so, the assessee is employed in China and his only source of income is the salary received by him in China. 18. It is a settled proposition of law that Income Tax proceedings are civil proceedings and the degree of proof is by preponderance of probabilities. Considering the facts in totality in their true perspective, in our considered view, the balance of convenience, in the light of the preponderance of probabilities, is in favour of the assessee. 19. In our considered opinion, considering the nature of transactions and the acceptance by the assessee being an entry provider, the impugned transactions have to be considered in the light of the acceptance of the assessee. Don't shoot the messenger ..... X X X X Extracts X X X X X X X X Extracts X X X X
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