2017 (7) TMI 1430

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....mmon order for the sake of convenience and brevity. ITA Nos. 6049 to 6055/M/2012 assails the quantum order of Ld. Commissioner of Income Tax (Appeals)-38 [CIT(A)], Mumbai dated 31/07/2012 whereas ITA Nos. 7647 to 7651/Mum/2014 assails order of Ld. CIT(A) order dated 14/11/2014 qua confirmation of penalty u/s 271(1)(c). 2. Briefly stated, consequent to search action u/s 132 in the case of Mukesh Maneklal Choksi & group on 25/11/2009, the assessee being part of the said group was subjected to assessment for impugned AYs u/s 153A read with section 143(3). The assessee was found to have indulged in providing various types of accommodation entries to numerous concerns. The income of the assessee was finally estimated by the Ld. AO @2% of tota....

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....K. Sampat Vs. DCIT [ITA Nos. 1000 to 1003 & 1005/Mum/2013 order dated 28/10/2016] where the Tribunal on identical set of facts and similar submissions / contentions has remitted the matter back to the file of AO for fresh adjudication in terms of respective submissions. Both representatives have agreed for similar directions in the present case. 7. We have heard the rival contentions and perused relevant material on record including the cited decision of the Tribunal. We find that the issue on identical set of facts have been set aside to the file of Ld. AO by this Tribunal in the cited case in the following manner:- 4. Coming to the merits of the case i.e. addition made at 2% of gross deposits as against 0.15% offered by the as....

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..... The Ld. Departmental Representative before us submitted written submissions running into 17 pages explaining the ratio of all those decisions and bringing out the distinguishing features according to him and submitted that since the decisions are not applicable, the same may not be followed. 6. We have heard the rival submissions, perused the orders of the authorities below, The Ld. Counsel for the assessee submitted that no proper opportunity was given and hence assessments should be set aside to the Assessing Officer for fresh adjudication and he further submitted that the issue in appeal is squarely covered by various decisions of the Co-ordinate benches wherein it was held that the commission income from the business of accom....