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2023 (5) TMI 308 - ITAT SURATUnexplained cash credit u/s 68 - disallowance of brokerage commission and treated the same as unaccounted cash credit - assessee failed to provide sufficient documentary evidence; name and address of the parties from whom brokerage commission income was received - HELD THAT:- As decided in assessee's own case [2021 (4) TMI 801 - ITAT SURAT] assessee has shown commission income in original return of income. We find convincing force in the submissions of assessee that the assessee has already filed Return of Income under section 139 of the Act before the date of initiation of assessment proceeding and much less after completion of investigation carried out by Investigation Wing of Revenue, it could not in any way be termed as unexplained income, the addition of unexplained income is purely guess work of assessing officer - no justification in treating the commission income as unexplained cash credit, accordingly appeal of the assessee is allowed. Considering the decision of Tribunal on similar treatment of commission income as unexplained cash credit, we respectfully following the decision of Tribunal allowed ground No.1 of the assessee Estimation of income of assessee - HELD THAT:- We find that neither the assessee has shown his true source of income nor the assessing officer brought on record the evidence regarding source of income of assessee. The only evidence, on the basis of which the income of assessee is estimated in the school admission form. It is settled position under law that only real income accrued or earned by individual, can only be brought to tax. Considering the decision of Hon’ble Supreme Court in Kishan Chand Chellaram [1980 (9) TMI 3 - SUPREME COURT] and Andaman Timber [2015 (10) TMI 442 - SUPREME COURT] there grounds of appeal is restored back to the file of assessing officer with the direction to grant opportunity to the assessee to explain the nature and relevance of school admission form and to lead any other evidence if so desired by the assessee to disprove the contents of such school admission form. It is made clear that as the copy of said school admission form is scanned by assessing officer in the assessment order the assessee shall not insist for supply of fresh copy thereof. Assessee ground allowed for statistical purpose.
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