Commissioner of Income Tax -3 v. DU Securities Pvt. Ltd.

1. These appeals have been filed by the Revenue against the common order dated 23'"'^ January, 2019 passed by the ITAT in ITA Nos. 487/Del/2015, 489/Del/2015, 485/Del/2015 & 486/Del/2015 for the Assessment Years 2007-2008, 2009-2010, 2005-2006 & 2006-2007 respectively. The short question sought to be urged by the Revenue is whether the ITAT has arbitrarily reduced the percentage of commission on the accommodation entries provided allegedly by the Assessee from 2.25%to 0.5%.

2. A perusal ofthe impugned order ofthe ITAT shows that this is a second round oflitigation.TheITAT has explained how the fixing ofthe percentage at[2].25% by the Assessing Officer was based on noting ofsome loose sheets which were seized during a search operation. The reliability ofthese notings are themselves in dispute.

3. Be that as it may,the ITAT has on a consideration ofthe entire facts and circumstances and considering that different rates are charged in different transactions formed the view that 0.5% should be taken as a reasonable rate ofprofit/commissioner in such activities.

4. This Court fails to appreciate how the said order oftheITAT gives rise to & any substantial question of law. Moreover, this is the second round of litigation and it has to end at some point. The Court sees no reason to interfere with the impugned order oftheITAT.

5. The appeals are dismissed. JULY 23,2019 mw S.MURALroHAR,J. TALWANT SINGH,J.