2019 (3) TMI 2061

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....ngh, JCIT Sr. D/R. appearing on behalf of the Revenue. ORDER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) - 14, Kolkata, (hereinafter the 'Ld. CIT(A)'), dt. 31/05/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the 'Act'), relating to Assessment Year 2012-13. 2. The assesse....

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....,998/- being for Rs. 77,77,200/-." 2.1. On appeal the ld. CIT(A) upheld the order of the Assessing Officer. He held that the assessee has not provided any evidence in support of his claim that the commission estimated at 2% of the deposits made is excessive. At the last para of page 3 of his order, he held as follows:- "During appeal, the appellant has once again not been able to produ....

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....a 'A' Bench of the Tribunal in ITA No. 1775/Kol/2016; Assessment Year 2010-11; Jaswant Singh vs. ITO; order dt. 14/09/2018, for the proposition that in such cases commission at 0.1% needs to be computed as income of the assessee. 4.1. The ld. D/R, opposed these contentions but was not in a position to place on record any case law or precedent to controvert the case law cited by the assessee. ....