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Principal Commissioner of Income-Tax- 13 Versus Rakesh Gupta

Commission in accommodation entries - bogus bills produced - Held that:- Amongst the reasons that weighed with the ITAT were that the Assessee purchased the goods on the fictitious bills. Further, the Assessee submitted the purchase letter as well as the sale bill. The Assessee was earning commission from bogus entries of issuing sales bills and then buying purchase bills. In the circumstances, the reduction of by the ITAT of the percentage of commission from 5.67% as determined by AO to 2% coul .....

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931/2016 1. On 24th January, 2017 while admitting these appeals, the following question of law was framed: "Did the IT AT fall into error in upholding the reduction of gross commission from 5.67% to 2%, calculated by the CIT (A), in the circumstances of the case." 2. ITAT on appeal by the Revenue upheld the finding of CIT(A) by observing that there is no infirmity in the order of Ld. CIT(A) for the Assessment Years ( AYs ) 2008 - 2009 to 2009 - 2010. 3. The AO in this case undertook a .....

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