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2014 (4) TMI 1222 - AT - Income TaxEstimation of income - determination of percentage of sales - Hawala Income / Hawala Commission - allegations that the transaction with the sister concerns group concerns transactions which are done to inflate sale for obtaining bank facilities on which no commission is earned - During the course of survey, it was found that the assessee is not actually doing business in iron/steel, but is mainly engaged in issuing bogus sale bills without actually delivering the goods, except in a very few transactions. Held that:- In the first round, the Tribunal has set aside the matter to the file of the Assessing Officer only for the purpose of examining the expenses and insofar as the assessment of net commission is concerned, the same was upheld at 1% of the turnover as determined by the Assessing Officer. Now, in the third round of proceedings, the assessee has taken a plea that the turnover pertaining to its sister concerns should be excluded from the total turnover for the purpose of estimating the commission income. There is no observation or finding of the Tribunal on this score. Even in the second round of proceedings, the Tribunal has set aside the issue purely for examination of expenditures only. In this order also, there is no whisper with regard to the plea which has been raised by the assessee in this round of proceedings. Once the mater has reached upto the stage of the Tribunal and categorical directions have been given for framing the assessment, the Assessing Officer cannot travel beyond the scope and ambit of the directions of the Tribunal. Appeal dismissed - Decided against the assessee.
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