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    <title>2016 (3) TMI 41 - ITAT MUMBAI</title>
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    <description>Block assessment additions based only on retracted search statements are not sustainable where the search yields no incriminating material and no corroborative evidence of undisclosed income. Documentary proof of the existence and business activity of sub-agents, together with regular tax assessment of their receipts, undermines allegations that commission payments were sham or that income was diverted to them. In the absence of evidence showing that the sub-agents&#039; receipts were in the assessee&#039;s hands, disallowance of commission and diversion-based additions are not justified, as such treatment would amount to double taxation.</description>
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    <pubDate>Fri, 22 Jan 2016 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=272229</link>
      <description>Block assessment additions based only on retracted search statements are not sustainable where the search yields no incriminating material and no corroborative evidence of undisclosed income. Documentary proof of the existence and business activity of sub-agents, together with regular tax assessment of their receipts, undermines allegations that commission payments were sham or that income was diverted to them. In the absence of evidence showing that the sub-agents&#039; receipts were in the assessee&#039;s hands, disallowance of commission and diversion-based additions are not justified, as such treatment would amount to double taxation.</description>
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      <pubDate>Fri, 22 Jan 2016 00:00:00 +0530</pubDate>
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