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2014 (5) TMI 353 - ITAT AHMEDABADPartial disallowance of commission paid – Excessive commission paid – Held that:- CIT(A) was of the view that there were some deficiencies on the part of the assessee in the details filed in support of commission payment and some commission receipts were not produced for verification, 10% disallowance out of total commission is justified - the addition has been made by the AO by disallowing 1/10th of commission paid to various parties by the assessee on the ground that there was huge increase under this head in comparison to proportionate expenses on this account in the immediately preceding year with reference to receipts of the assessee and assessee failed to justify this increase – before CIT(A) also assessee was not able to satisfy him by way of producing supporting evidence though CIT(A) gave ample opportunity for doing this - assessee failed to substantiate – this, there is no reason to interfere in the order of the CIT(A) – Decided against Assessee. Addition u/s 69D of the Act - Income from undisclosed sources – Transactions on loose papers found – Held that:- CIT(A) rightly held that AO was not justified in invoking the provisions of section 69D in this case – the transactions recorded in the loose papers in the names of Sailesh, M Zala, Harish etc were not recorded in the books of accounts and in the statements recorded at the time of survey also it was not denied that these loose papers contain real transaction - The cash receipts recorded in these loose papers therefore constitute assessee’s income unless shown to be accounted for and nature of transactions satisfactorily explained. - assessee did not discharge the onus, the addition of peak of these transactions was directed to be made – there was no infirmity in the order of the CIT(A) – Decided against Assessee.
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