The assessee is a sub broker who is engaged in the business of providing accommodation entries. The Assessing Officer added entire cash deposited in various bank accounts under section 68 of the Act. CIT(A) up held te addition. On appeal the Tribunal determined the income applying the peak credit principle, which included brokerage income at the rate of 2 per cent and deleted the addition under section 68 of the Act. Tribunal held that in the case of Praveen Kumar Agarwal (Principal broker), the ITAT held that either 2% of the commission or the peak credits during the block period which ever is higher. On appeal the Court affirmed the order of the Tribunal.
CIT v. Pramod Sharma (2024) 298 Taxman 128 (Cal.)(HC)
S. 68 : Cash credits-Accomodatio entries-Sub broker-Applying the peak credit principle on estimate of 2 per cent as brokerage in respect of cash deposits, which ever is higher-Order of Tribunal is affirmed.[S. 260A]