TaxTMI 
TaxTMI 
2022 (12) TMI 391
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....ing the present appeals, sought to set aside the impugned orders even dated 19.03.2022 passed by the National Faceless Appeal Centre(NFAC) [Commissioner of Income Tax (Appeals), Delhi] (hereinafter referred to as CIT(A)] qua the assessment years 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 & 2010-11 on identically worded grounds except the difference in figure of disallowance/addition (grounds of A.Y. 2004-05 are taken in order to dispose of the aforesaid appeals) inter-alia that: "1. The learned assessing officer and CIT (A) has erred in law and in facts while passing the order to allow transfer of funds to the sister concerns. 2. The learned assessing officer and CIT (A) has erred in law and in facts while passin....
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....w and facts that without incurring of expenses income could not be earned and therefore on the humanitarian grounds also expenses should be allowed. 9. The learned Income Tax officer has erred in law and in facts that the subsequent order passed by the honorable ITAT "B" bench on 13/12/2017 accepting the claim of the assessee to allow 50% of the expenses claimed. 10. The learned Income Tax officer has erred in law and in facts that the ratio of the order passed in the case of sister concerns should be applied Mutatis Mutandis in the case of the assessee. 11. The appellant craves leave to add to, alter, amend and / or delete in all the foregoing grounds of appeal." 3. Briefly stated facts necessary for adjudicat....
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....es entitled M/s. Hire Agency Pvt. Ltd. in ITA No.6435 to 6441/M/2012 vide order dated 06.01.2016. 6. Thereafter the assessee by filing a miscellaneous application before the Tribunal sought to decide the issue as to allowance of 50% of expenses which was rejected vide order dated 07.04.2017 in MA No.51 to 57/M/2017. 7. Thereafter, the assessee moved rectification application before AO under section 154 of the Act in order to claim the allowance of 50% of the expenses against the commission income which was dismissed vide order dated 01.06.2017 under section 154 of the Act. 8. Again the assessee carried the matter before the Ld. CIT(A) by way of filing appeals challenging the order passed by the AO under section 154 of the Act who h....
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....d consequently assessments under section 153A r.w.s. 143(3) were completed. The AO in the assessment order has noted that, during the course of the search and seizure action, it was found that the assessee and the Group companies of the assessee were engaged in the business of accommodation entries and laundering of black money. The assessee himself was the mastermind behind formation of all these companies. Various other details and modus operandi have been noted by him along with the statement on oath of the assessee and the seized documents. Thus, on the basis of his detail discussions and material on record, the AO held that, the assessee and the Group companies run by him were receiving commission income from for all these activities. ....
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....n various similar matters, we also uphold the rate of commission / net profit rate from such activity at 0.15%. Accordingly, this issue is decided in favour of the assessee. 6. Since no arguments have been placed on other grounds of appeal, the same are not being adjudicated upon. In the result, appeal of the assessee is partly allowed. 7. In all the appeals, exactly similar issue are involved for our consideration, our finding given above will apply mutatis mutandis to the impugned appeals also, therefore, all the appeals filed by the assessee are treated as partly allowed." 11. It is also not in dispute that against the aforesaid order dated 04.05.2016 passed by the co-ordinate Bench of the Tribunal in case of the ass....