2020 (10) TMI 241

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....peals are clubbed and heard and consolidated order is passed. First, we shall take up the ITA No. 2206/Mum/2019 for the A.Y 2009-10 and the facts narrated therein. 2. The assessee is engaged in the business of cheque discounting activities and filed the return of income on 14.10.2009 for the A.Y 2009-10 with total income of Rs. 1,09,080/-.Subsequently, the case was reopened and the A.O has issued notice u/s 148 of the Act and called for the information. The A.O find that in the original assessment u/s 144 r.w.s 147 of the Act, the income has been estimated @ 1% of the total credits and the total income was determined at Rs. 1,83,74,770/-.Aggrieved with the order, the assessee has filed an appeal with the first appellate authority, whe....

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.... of Ramesh Kumar Jain Vs. ACIT (ITA No. 3512 to 3518/Mum/2013), the operating portion of the MA referred at page 4 of the CIT(A) order is read as under: "Now we direct the assessee to exclude the returned cheques/RTGS/inter bank transfers in assessee's bank account and assess the income by way of estimating the commission on the remaining amount after applying the decision of the coordinate bench of the Tribunal in the case of Ramesh Kumar vs. ACIT in ITA No.3512 & 3513/M/2013 for A.Y. 2004-05 & 2005- 06 dated 22.04.2015. The order of the Tribunal stands amended and modified to that extent. The Hon'ble ITAT in the case of Shri Ramesh Kumar Jain Vs. ACIT had decided that the net commission income on accommodation transa....

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....er and observed that since the A.O has passed the order giving effect(OGE) therefore the appeal has become infructuous. Aggrieved by the order of the CIT(A), the revenue has filed an appeal with the Tribunal. 6. At the time of hearing, Ld. DR submitted that the decision relied in the Miscellaneous Application (MA) is distinguishable on facts and prayed for the set aside of the order of the CIT(A). 7. Contra, the Ld. AR of the Assessee supported the CIT(A) order and substantiated his arguments relying on the decision of MA No 101/M/2017 in ITAno7766/mum/201 and referred to the order giving effect(OGE) of MA by the A.O and prayed for dismissal of revenue appeal. 8. We heard the rival submissions and perused the material on record.....

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....s as the A.O had recomputed the commission @ 0.10% which is in accordance the direction of Hon'ble ITAT and the issue raised by the appellant in grounds of appeal stands resolved. Accordingly, the impugned appeal does not require any further adjudication and thus the appeal relating to A.Y 2009-10 is hereby allowed for statistical purpose". 9. The Ld. DR could not controvert the findings of the CIT(A) with any cogent or new evidences. Accordingly, we are not inclined to interfere with the order of the CIT(A) on these disputed issues and upheld the same and dismissed the grounds of appeal of the Revenue. ITA No. 2205/Mum/2019 for the A.Y 2008-09 10. The revenue has filed an appeal for the Asst Year 2008-09 against the common orde....