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2019 (10) TMI 246 - AT - Income TaxLevy penalty u/s 271(1)(c) - quantum protective addition being the commission income from sale of DEPB licenses - HELD THAT:- In the instant case there has been a shift in the estimation of commission rate. The assessee has claimed that @ 0.10% to 0.025%. AO estimated the commission @ 3.5% of the transaction value. In appeal, the CIT(A) reduced it to 2% for all type of transactions. In further appeal the Tribunal reduced it to 1% for all type of bogus transactions entered into by the assessee. As evident from the above, there was no certainty in the rate to be applied while estimating the commission on bogus transactions entered into by the assessee. In view of the above background facts, we set aside the order of the CIT(A). As the above matter has been decided by us on merits of the case, we are not adverting to the technicalities raised by the assessee in this appeal.
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