IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 ITA.No. 1786 of 2009() ---------------------- ITA.277/COCH/2008 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, CALICUT. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- SRI.K.MOHAMMED ASHRAF, ILLAMKANDY HOUSE KURUPPATH, KONDOTTY, MALAPPURAM DISTRICT. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, ALONG WITH ITA 1787 & 1788 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. ----------------------------------------------------- I. T. A. Nos. 1786, 1787 & 1788 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 2009 JUDGMENT Ramachandran Nair, J. Heard standing counsel appearing for the appellant-department. After hearing standing counsel and after going through Tribunal's order we do not find that the questions raised are substantial questions of law because cash transactions in the bank were found to be representing business transactions of the assessee and therefore addition was made under Section 68 of the I.T. Act which is a peak-credit in the bank account for each year. The disputed issue was against the assessment of commission simultaneously on the ground that business was done by the assessee on behalf of others. The two lower authorities found that after finding that business was done by the assessee, and after making addition of peak-credit representing undisclosed income, there is no scope for estimating any amount towards commission received by the assessee. We are of the view that the lower authorities rightly found that there is conflicting stand taken by the department in the assessment 2 of business income and along with it estimating commission received. We therefore dismiss the appeals. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3