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2016 (11) TMI 451 - ITAT DELHI

2016 (11) TMI 451 - ITAT DELHI - TMI - Addition on account of commission out of accommodation business activities - addition made on the basis of the statement collected at the back of the assessee and the right of cross examination was not provided - Held that:- In pursuance to the search conducted Mr. Himanshu Verma was examined by the Investigating Authority on 14.4.2012 and in his statement he admitted that various Chartered Accountant acted as middlemen for commission and a list of 13 Chart .....

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e that merely on the basis of the statement of Sh. Himanshu Verma the addition in dispute has been made in the hands of the assessee which is contrary to the various decisions rendered by the Hon’ble Supreme Court of India, Hon’ble High Court and the Tribunals. Revenue Authority has not provided any statement of Sh. Himanshu Verma recorded during Survey to the assessee and no opportunity of cross examination has been given to the assessee which is not sustainable in the eyes of law, in view of t .....

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ote that the Hon’ble Apex Court concluded that not allowing assessee to cross-examine, amounting to serious flaw which make impugned order nullity and violation of principles of natural justice. - Thus the addition made on the basis of the statement collected at the back of the assessee and the right of cross examination was not provided to him, hence, delete the addition in dispute made by the AO and confirmed by the Ld. CIT(A) - Decided in favour of assessee - I.T.A. No. 874/DEL/2016 - Dat .....

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nds of the appellant as commission income arising out of the certain undisclosed activities. 3. That the Id. CIT (A) has erred in confirming the above said addition based on surmises, presumptions and conjectures. 4. That the Id. CIT (A) has erred in confirming the addition by incorrectly stating that the appellant did not deny the bogus transactions between VSPL and its 13 share applicant companies. 5. (a) That Id. CIT (A) has erred in law In confirming the addition purportedly on the basis of .....

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she has clearly stated that the addition of RS.24.78 crores is upheld and confirmed. The appellant fails to understand the relevance of this amount especially when the commission of ₹ 37,12,500/- has been added. 6. The appellant craves leave to add, alter, amend, delete and substitute any or all the grounds of appeal before or at the time of hearing. 2. The brief facts of the case are that the assessee is a individual and is a Chartered Accountant in practice and by qualification and prof .....

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with the action of the Assessing Officer, Assessee filed the Appeal before the Ld. CIT(A), who vide his impugned order dated 30.12.2015 dismissed the Appeal of the Assessee by upholding the assessment order passed by the AO. 4. Against the Ld. CIT(A) s order dated 30.12.2015, now the assessee is in Appeal before the Tribunal. 5. At the time of hearing, Ld. Counsel of the Assessee stated that assessee is a Chartered Accountant and practicing as a C.A. and filed its return of income u/s. 139(1) of .....

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sessee M/s Varrenyam Securities Pvt. Ltd. At its registered office at 2442, 1st floor, Gali No. 10, Karol Bagh, New Delhi - 110 005. Since the assessee is also having his office in the same premises and the Survey on the assessee were also conducted by the Department. In pursuance to the search conducted Mr. Himanshu Verma was examined by the Investigating Authority on 14.4.2012 and in his statement he admitted that various Chartered Accountant acted as middlemen for commission and a list of 13 .....

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ent of Sh. Himanshu Verma the addition in dispute has been made in the hands of the assessee which is contrary to the various decisions rendered by the Hon ble Supreme Court of India, Hon ble High Court and the Tribunals. He further stated that the Revenue Authority has not provided any statement of Sh. Himanshu Verma recorded during Survey to the assessee and no opportunity of cross examination has been given to the assessee which is not sustainable in the eyes of law. In support of his content .....

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by the Ld. CIT(A) may be upheld without any basis which deserve to be deleted. 6. On the contrary, Ld. Departmental Representative has relied upon the orders of the authorities below and stated that the same may be upheld and the appeal of the Assessee may be dismissed accordingly. 7. I have heard both the parties and perused the records, especially the orders of the revenue authorities, case laws cited by the Ld. Counsel of the assessee. I find that the AO assessed the total income of the asses .....

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ssee were also conducted by the Department. In pursuance to the search conducted Mr. Himanshu Verma was examined by the Investigating Authority on 14.4.2012 and in his statement he admitted that various Chartered Accountant acted as middlemen for commission and a list of 13 Chartered Accountant was given in which the name of the assessee was appearing against Serial No. 10 alongwith his mobile number. On the basis of the statement of Sh. Himanshu Verma that in the absence of any evidence the AO .....

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