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2024 (4) TMI 354 - ITAT KOLKATAPrincipal of res-judicata application to the income tax proceedings - CIT(A) directing the AO to charge commission @ 0.5% of the total deposits on the basis of next year assessment - addition as undisclosed income of the assessee in the assessment framed u/s 143(3)/147 - HELD THAT:- We observe from the appellate order that the CIT(A) has noted in the appellate order for AY 2011-12 under similar facts commission @0.25% of the total in the books and assessee was added to the income of the assessee on the ground that the assessee was an entry provider and allowed his bank accounts to be used by other persons in lieu of commission at 0.25% of the deposits. Having observed so the CIT(A) applied @.5% of the total deposits on the same reasoning in the current year as well which we do not find in any way to be wrong and in consistence with the facts of the case. Accordingly we are inclined to uphold the order of Ld. CIT(A) by dismissing the appeal of the revenue.
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