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2019 (5) TMI 20 - AT - Income TaxScope of power of AO in remand proceedings - addition u/s 68 - Addition on account of commission to the extent of 2% - CIT-A deleted the addition - HELD THAT:- It is settled principle of law that on remand of the proceedings by the Tribunal to the AO, no new source of income can be introduced so as to enhance the assessment by the AO and the AO can enhance the income only qua old sources of income which was subject matter of the appeal before the Tribunal. We are of the considered view that the AO has exceeded his powers during remand proceedings, made by the Tribunal by making addition u/s 68 on account of credit entries appearing in the bank statement and as such, the addition made by the AO is not sustainable, hence the CIT(A) has rightly deleted the addition. Consequently, question framed is answered in the negative. Applying the rate of commission at the rate of 2.25 % by the AO and reduced to 2% by the ld. CIT(A) is concerned, this issue has already been decided in the Group cases of Tarun Goyal vide [2019 (1) TMI 1266 - ITAT DELHI] thereby AO has been directed to adopt the rate of commission @ 0.50% or 50 paise and computed the profit accordingly.
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