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ITAT Mumbai: Only 1% Commission Taxable on Bogus Turnover, Not Entire Amount

TaxGuru
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Summary

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  • The ITAT Mumbai has ruled that only 1% commission on alleged bogus transactions can be taxed, rejecting the Revenue's claim to tax the entire turnover as income.
  • In the case of Empower India Limited Vs ACIT, the Tribunal emphasized that only real income, not artificial transaction values, should be subject to taxation.
  • The ruling allows telescoping benefits for previously disclosed income against estimated commission additions, preventing double taxation.
  • This decision reinforces that suspicion alone cannot justify taxing entire transaction values and highlights the importance of distinguishing between turnover and actual profits.

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