PCIT v Alag Securities Pvt. Ltd. (Formerly known as Mahasagar Securities and Richmond Securities Pvt. Ltd.) (2020) 425 ITR 658/192 DTR 88/ 315 CTR 905/ 272 Taxman 241 (Bom) (HC) www.itatonline.org

S. 68 : Cash credits -Commission business- Accommodation entries – Failure to explain the source of deposits in the bank – Addition cannot be made as cash credits – Estimation of commission income by the Tribunal is held go be justified . [ S.132 ]

The assessee was in the business of providing accommodation entries .The assessee was charging commission of 0.15 % . The AO made entire credit in the bank as cash credits u/ s 68 of the Act as unexplained cash credits . On appeal CIT (A) directed the AO to adopt only 0.15% as income of the total credits . Tribunal also affirmed the view of the CIT (A.)  On appeal to the High Court the revenue contended that in view of the judgement of the Supreme Court in PCIT v .NRA Iron & Steel Ltd  (2019) 412 ITR 161 (SC) entire credit of Rs  the total cash deposits of Rs.4,78,94,000.00 was to added to the total income of the assessee as unexplained income from undisclosed sources under S.68 of the Act. Dismissing  the appeal of the revenue the Court held that decision of PCIT .v NRA Iron and Steel Ltd  (supra)  is not applicable to the facts of the assessee . Accordingly  the order of the Tribunal is affirmed .   (ITA 1512 of 2017 dt 12-06 -2020 ) (AY.2003 -04)