Held that in the first round of proceedings, it was the case of both parties that the assessee was an accommodation entry provider receiving commission. The only dispute was in respect of the quantum of commission. The Tribunal, while remanding the matter, directed the Assessing Officer to have a fresh look at this issue after examining the parties, and if the assessee failed to prove the rate of commission, the addition was to be made under section 68 of the Act, but subject to the restriction of Rs. 59.7 lakhs. The order of the Tribunal merged with the order of the High Court. In the light of the directions of the Tribunal and the High Court, the Assessing Officer was not justified in treating the entire deposits to the tune as income of the assessee under section 68 of the Act. Tribunal held that in view of the finding that the assessee was an accommodation entry provider and his real income was only from commission/brokerages, the estimate shall be reasonable having regard to the business conducted by the assessee. Inasmuch as the assessee accepted the commission at 0.6 per cent. by not preferring any appeal against the order of the Commissioner (Appeals), there was no reason to disturb the findings of the Commissioner (Appeals) in this matter to the effect that the commission at 0.6 per cent. was appropriate.(AY.2002-03)