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TMI Blog2020 (12) TMI 1399X X X X Extracts X X X X X X X X Extracts X X X X ..... ITAT in [ 2020 (5) TMI 550 - ITAT DELHI ] has adjudicated on both the issues. The addition being protective in nature has been deleted by the order of the Tribunal. The commission charged @3% has been brought down to 0.5%. Since, the issues stands squarely covered by the earlier order of the Tribunal in the absence of any material change and the facts of the case except the amount involved, we hereby hold as under addition made on protective basis is directed to be deleted and commission to be charged @0.5% - Appeal of the assessee is allowed. - Sh. H. S. Sidhu, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. Akhilesh Kumar, Adv. For the Revenue : Ms. Pramita M. Biswas, CIT DR ORDER Per Dr. B.R.R. Kumar, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the substantive assessment in the hands of alleged beneficiaries, beside assessee is held to be earning commission on said deposits so the same could not be his income. 5. That the Id. CIT(A) erred in sustaining the assumed commission of Rs.22, 12, 633/-, without any iota of evidence in support of assumption in as much as a unilateral third party s uncontroverted statement is referred which is no evidence, that too @ 3% on total bank deposits which is totally illegal unwarranted and in any case is highly excessive. 6. That the Id. CIT(A) has failed to appreciate that neither the Id. A.O. has recorded any finding in terms of s. 145(3) of the Act nor any transactions are found incorrect in audited accounts hence a passing remark of Id. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught down to 0.5%. 6. Since, the issues stands squarely covered by the earlier order of the Tribunal in the absence of any material change and the facts of the case except the amount involved, we hereby hold as under: a) The addition made on protective basis is directed to be deleted b) The commission to be charged @0.5% 7. For the sake of brevity and ready reference, the operative part of the order of the Tribunal in the case of the assessee for the earlier year is reproduced as under: 13. Sofar as the ground No.4 and 5 are concerned these relate to the order of the CIT(A) in confirming the addition of Rs.23,56,61,265/- made by the AO on protective basis and the addition of Rs.70,69,838/- being commission @ 3% on the bank credit of Rs.23,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofit rate on each commission should be taken @ 0.15 % and the expenditure claimed should be allowed to the extent of 59 %. He accordingly submitted that the rate of commission @ 3% adopted by the AO and upheld by the CIT(A) being on the higher side should be reduced to 0.15%. 15. Sofar as the addition of Rs.23,56,61265/- is concerned he submitted that the same has been added on protective basis without any addition on substantive basis. Referring to the decision of the Delhi Bench of the Tribunal in the case of ITO Vs. Anuj Kumar vide ITA No.07/Del/2012 order dated 05.06.2018 for A.Y.2008-09, he submitted that the Tribunal in the said order has held that if no substantive addition has been made in any other hand there is no room for additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e upheld. 17. We have considered the rival arguments made by both the sides, perused the orders of the AO and the CIT(A) and the paper book filed on behalf of the assessee. We have also considered the various decisions cited before us. We find the AO on the basis of the deposits in the bank statement of the assessee for the year under consideration noted that an amount of Rs.23,56,61,265/- has been given to various persons as accommodation entry and since the assessee could not explain the source of such deposits in the bank account made addition of Rs.23,56,61,265/- as unexplained deposits of the assessee on protective basis. He further made addition of Rs.70,69,838/- being commission @ 3% of such deposits as income of the assessee. 18. So ..... X X X X Extracts X X X X X X X X Extracts X X X X
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