DCIT, CENTRAL CIRCLE-3(2), HYDERABAD vs. SANTOSH KUMAR KRISHNA SHASTRULA, HYDERABAD
What did the Tribunal hold?
The Tribunal held that while the companies' transactions might have been non-genuine, there was no material to prove the assessee personally earned or received commission. The assessee had transferred his shareholding and resigned from directorship prior to the transactions.
What were the facts?
During a search, the assessee admitted that transactions by companies he incorporated were accommodation entries. The Assessing Officer estimated commission income for the assessee based on this admission and the companies' turnover.
What were the issues?
Whether commission income from accommodation entries can be taxed in the hands of an individual who is no longer a director or beneficial owner of the companies involved, without direct evidence of receipt of commission.
Which sections of the Income-tax Act were involved?
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Income Tax Appellate Tribunal, Hyderabad ‘B‘ Bench, Hyderabad
Before: Shri Ravish SoodShri Madhusudan Sawdia
Per Madhusudan Sawdia, A.M.:
This appeal is filed by the Revenue, feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals)-11, Hyderabad (“Ld. CIT(A)”) dated 24.09.2025 for the A.Y. 2015-16. 2. The Revenue has raised the following grounds of appeal: “1) On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 3,48,00,938/- without appreciating the fact that the incriminating material and evidences on the basis of which addition was made were unearthed at t
The order continues below.
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