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2023 (9) TMI 1317 - ITAT KOLKATADisallowing commission expenses - HELD THAT:- AO has not made any attention to verify the authenticity of the transaction by calling the commission agent, Shri Majhi by issuing summon u/s 131 - Similarly, we find that out of total payment made to the alleged commission agent. While making payment, the assessee has deducted a sum from him as TDS. In such circumstances, the view taken by the ld. AO is not correct and in the present case while allowing the claim of the assessee ld. CIT(A) has elaborately discussed all the facts by allowing the claim of assessee. In such a situation, we do not find any infirmity in the order passed by the ld. CIT(A) accordingly we are inclined to dismiss the ground taken by the revenue. Calculating the addition @ 15% of the total addition made by the AO and the view taken by the CIT(A) - HELD THAT:- We find that while passing the impugned order, ld. CIT(A) has taken a view that only element of profit embedded from such purchase to be considered for an addition by applying various important decisions rendered on the subject matter of the issue involved whereby restricting the profit element of 15% of aggregate purchase from the alleged sum - From the above facts, we do not find any infirmity in the impugned order passed by CIT(A). Accordingly, the ground taken by the revenue is hereby dismissed. Determine the element of profit in the transaction by applying 15% on the impugned purchase - HELD THAT:- As element of profitability in transaction which had worked out at 15% following the various important decisions rendered - we do not find any infirmity in the findings given by the CIT(A) accordingly ground taken by revenue is hereby also dismissed.
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