2026 (4) TMI 1628

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....come-tax Act, 1961 (hereinafter referred to as 'the Act') dated 25.03.2015 by the Assessing Officer, DCIT, Circle-1, New Delhi (hereinafter referred to as 'ld. AO'). 2. The only issue to be decided in this appeal is as to whether the ld NFAC was justified in confirming the addition of Rs. 42,32,296 on account of commission in the facts and circumstances of the instant case. 3. We have heard the rival submissions and perused the materials available on record. The assessee is engaged in the business of real estate. The assessment for the AY 2009-10 was completed originally under section 143(3) of the Act by the ld Additional Commissioner of Income Tax, Range-1, Ghaziabad determining total income at Rs. 172,69,580/- as against the return....

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....td, ITR of Expert Capital Services Pvt. Ltd, audited financial statements, Form No. 26AS, TDS certificates, agreement entered into by assessee with Expert Capital Services Pvt. Ltd which is engaged into financial consulting and project management agreeing for the payment of commission @ 10% and copy of bills raised by the said party on the assessee. In fact, during the assessment proceedings, statement of Principal Officer and representatives of M/s. Expert Capital Services Pvt. Ltd were also recorded u/s 131 of the Act by the ld AO wherein the rendition of services to the assessee and receipt of commission from the assessee through regular banking channels after deduction of tax at source was duly confirmed by the said party. Further, the ....