ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, DHANBAD, DHANBAD vs. HIGHLIGHT INFRASTRUCTURE PVT LTD, KOLKATA
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to delete the addition of unsecured loans as they were already admitted by the ultimate beneficiary. The Tribunal also upheld the CIT(A)'s restriction of commission income to 1%, as the assessee did not appeal this reduction.
What were the facts?
The revenue appealed against the CIT(A)'s order deleting additions related to unsecured loans given by the assessee to M/s Atibir Industries Company Ltd. M/s Atibir Industries Company Ltd. had already offered these loans as income.
What were the issues?
Whether additions for unsecured loans are justified when the ultimate recipient has admitted them as income. Whether the estimation of commission income by the CIT(A) is erroneous.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY
PER: BENCH
Both are the appeals filed by the revenue against the separate orders of the ld. CIT(A), Patna-3, Patna both dated 24/07/2024 for the A.Y. 2021-22. As all the issues in both these appeals relate to the common issues, therefore, they are being disposed off by this common order. As a lead case, we take up ITA No. 384/Ran/2024. 2. Shri Ashish Kumar Deharia, ld. CIT-DR is represented on behalf of the revenue and Shri De
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