TaxTMI 
TaxTMI 
TaxTMI 
2025 (1) TMI 1617
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....the present appeal may please be considered by the Assessing Officer for AY 2007-08, and in view of the Judgment passed by this Hon'b1e Court in PR. Commissioner of Income Tax (Central) Vs M/S Forum Sales Pvt. Ltd. in ITA 862/2019 And ITA 863/2019, decided on 1/03/2024;" 2. The Assessee is aggrieved by the information received pursuant to application under Right to Information Act, 2015, whereby the Assessee became aware that the Assessing Officer (AO) had not resumed proceedings in respect of AY 2007-08. According to the Assessee, the AO was required to examine the Assessee's books and decide afresh. The said assumption is premised on the basis that this court had remanded the matter to the AO by an order dated 9.02.2018 in ITA No. 155/2018 captioned Quartz Commercial Private Limited v. Income Tax Officer in respect of AY 2007-08. The Revenue disputes that the matter was remanded to the AO in terms of the aforesaid order dated 09.02.2018. According to the Revenue the said order dismissed the Assesses appeal. 3. After some arguments, it is clear that the Assessee seeks to impugn an order dated 31.07.2017 (hereafter the impugned order) passed by the learned Income Tax Appellat....
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....n of commission of 0.5% on the total turnover during the year, resulting in an addition of Rs. 7,87,000/- The CIT(A) upheld the AO's finding ; the ITAT concurrently held as follows:- "7.2 We have carefully considered the submissions and perused the records. We find that in this case a show cause notice was given to the assessee. We find that the Assessing Officer has asked the assessee to furnish the reply with supporting documentary evidence and also complete books of accounts along with complete bills and vouchers and also bank statements in support of the assessee's claim. However, thereafter in the assessment order there is no mention about the aforesaid requisition made by the Assessing Officer. Under the circumstances, we find that it remains to be verified whether the assessee has maintained proper books of accounts or not. Hence, the submissions of the assessee that the additions were not warranted as the assessee has maintained proper books of accounts, needs to be verified. In our considered opinion, the interest of justice will be served, if the matter is remitted to the file of the Assessing Officer. The Assessing Officer is directed to examine the assessee's books o....
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....owever, it appears that an incorrect passage from the decision of the learned ITAT was recorded in the order dated 09.02.2018 passed by this court in in ITA No.155/2018. Instead of recording the passage from the impugned order dated 31.07.2017 passed by the learned ITAT, an extract from the order dated 01.03.2013 passed by the learned ITAT, which was also reproduced in the learned ITAT's order dated 31.07.2017 (which was impugned in the said appeal) was erroneously reproduced by this court in its order. 12. The relevant extract of the impugned order dated 31.07.2017 is set out below: - "4. In appeal the Ld. CIT(A) upheld the disallowance made by the A.O. On further appeal by the assessee the Tribunal restored the matter to the file of the A.O. with a direction to examine assessee's books of accounts and give a finding thereof by observing as under. "7. We have heard the rival contentions and perused the records. We find that the Ld. Counsel for the assessee submitted that assessee has maintained proper books of accounts, no discrepancy has been found by the Assessing Officer and no addition has been made except for this addition. Ld. Counsel of the assessee further submitt....
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....ing this as a sham transaction as discussed in the original assessment order the A.O. observed that the assessee is engaged in providing accommodation entries to various group companies. He was of the opinion that the assessee is charging commission for arranging such bogus share transactions and commission is charged between 0.5% to 2%. To be most conservative 0.5% of the total entries operated by the assessee was taken by the A.O. as income for the year. Accordingly, the A.O. made an addition of Rs.7,85,000/-. 6. In appeal the Ld. CIT(A) confirmed the addition made by the A.O. by observing as under : "I have considered all facts and circumstances of the case. As has been mentioned by the A.O. in his order dt. 13.2.2014, it is a fact that the Hon'ble ITAT had set aside the case to the file of A.O. to examine the books of accounts maintained by the appellant. I am to give a finding thereon. In his order u/s 143 (3)/254 dated 13.2.2014 the A.O. has mentioned categorically that books were produced and were examined. It is further mentioned by the A. O. that the perusal of the bank account which is also part of the books of accounts maintained by the appellant. It is noted tha....