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Commissioner of Income Tax Versus Rakesh S Shah

2016 (10) TMI 538 - GUJARAT HIGH COURT

Restricting addition of commission earned by assessee @1% by Tribunal as against 5% determined by CIT(A) - assessee was facilitating cash deposits and issuing DD/pay orders etc. - Held that:- CIT(Appeals) came to the conclusion that cash did not belo .....

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has given rather brief reasons for reducing the rate of commission from 5% to 1%. However, in facts of the case, we would not remand the proceedings for insisting on proper reasons to be recorded by the Tribunal. When the question of judging possible .....

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ASTRI, JJ. MR KM PARIKH, ADVOCATE FOR THE APPELLANT MR B S SOPARKAR, ADVOCATE FOR THE OPPONENT ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. The Government has filed these appeals against the common order of Income Tax Appellate Tribunal dated .....

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ter agreeing that assessee was facilitating cash deposits and issuing DD/pay orders etc.? 2. For the assessment years 199-2000, 2000-2001, 2003 Page 2004 and 2004-2005, the Assessing Officer made substantial additions in case of respondent treating t .....

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e was acting as a commission agent. He adopted profit rate of 5% on the turnover and added the same to the income of the assessee. Against such order of CIT(Appeals), the assessee carried the matter in appeal. Significantly, the department had not go .....

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higher side. This order of the Tribunal has given rise to the present appeal at the hands of the Revenue. 3. As noted, the Revenue has not challenged the decision of CIT(Appeals) which goes to the root of the matter regarding the nature of involvemen .....

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