IT: Where assessee challenged addition made on account of unaccounted commission in respect of giving accommodation entries to various parties taking a plea that said addition had already been made in case of his brother, since aforesaid plea required verification at level of Assessing Officer, matter was to be remanded back for disposal afresh
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[2014] 48 taxmann.com 403 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'I'
Sudhir B. Vora
v.
Assistant Commissioner of Income-tax, Central Circle-18 & 19, Mumbai*
VIJAY PAL RAO, JUDICIAL MEMBER
AND N.K. BILLAIYA, ACCOUNTANT MEMBER
IT APPEAL NOS. 3895 & 5030 OF 2007, 4619 & 4620 (MUM.) OF 2013
[ASSESSMENT YEARS 1994-95 TO 1996-97 AND 1999-2000]
SEPTEMBER 27, 2013
Section 69A of the Income-tax Act, 1961 - Unexplained moneys (Accommodation entries) - Assessment years 1994-95 and 1995-96 - A survey under section 133A was carried out in 'V' group cases in course of which it was found that assessee and his brother 'N' were engaged in activity of providing hawala bills and accommodation entries to various parties at pre-determined commission rate along with their regular business - Assessing Officer assessed unaccounted commission at rate of 4 per cent of total cash deposited during year under consideration - In appellate proceedings, assessee raised a plea that since an addition in respect of unaccounted commission was already made in case of his brother, no further addition could be made in hands of assessee - Commissioner (Appeals) having accepted said plea, deleted addition made by Assessing Officer - Whether since question as to whether addition on account of commission income had been made in hand of assessee's brother was required to be verified at level of Assessing Officer, impugned order was to be set aside and, matter was to be remanded back for disposal afresh - Held, yes [Para 6][Matter remanded]
A.L. Sharma for the Appellant. O.P. Singh for the Respondent.
■■■
[2014] 48 taxmann.com 403 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'I'
Sudhir B. Vora
v.
Assistant Commissioner of Income-tax, Central Circle-18 & 19, Mumbai*
VIJAY PAL RAO, JUDICIAL MEMBER
AND N.K. BILLAIYA, ACCOUNTANT MEMBER
IT APPEAL NOS. 3895 & 5030 OF 2007, 4619 & 4620 (MUM.) OF 2013
[ASSESSMENT YEARS 1994-95 TO 1996-97 AND 1999-2000]
SEPTEMBER 27, 2013
Section 69A of the Income-tax Act, 1961 - Unexplained moneys (Accommodation entries) - Assessment years 1994-95 and 1995-96 - A survey under section 133A was carried out in 'V' group cases in course of which it was found that assessee and his brother 'N' were engaged in activity of providing hawala bills and accommodation entries to various parties at pre-determined commission rate along with their regular business - Assessing Officer assessed unaccounted commission at rate of 4 per cent of total cash deposited during year under consideration - In appellate proceedings, assessee raised a plea that since an addition in respect of unaccounted commission was already made in case of his brother, no further addition could be made in hands of assessee - Commissioner (Appeals) having accepted said plea, deleted addition made by Assessing Officer - Whether since question as to whether addition on account of commission income had been made in hand of assessee's brother was required to be verified at level of Assessing Officer, impugned order was to be set aside and, matter was to be remanded back for disposal afresh - Held, yes [Para 6][Matter remanded]
A.L. Sharma for the Appellant. O.P. Singh for the Respondent.
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