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Addition for Alleged Accommodation Entry Deleted for Lack of Evidence

Case Law Details

TaxGuru Citation
2025 taxguru.in 7492
Case Name
Saraswati Education Sansthan Vs ITO (Exemption) (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Saraswati Education Sansthan Vs ITO (Exemption) (ITAT Ahmedabad)

Addition for Alleged Accommodation Entry of Rs. 15.50 Lakh Deleted – AO Cannot Rely Solely on Investigation Report- ITAT Ahmedabad

Ahmedabad Tribunal in deleted addition of Rs.15,50,450/- made on account of alleged accommodation entry, holding that AO failed to carry out independent verification & made addition only on basis of Investigation Wing information.

Assessee, an educational trust, was alleged to have received accommodation entry of Rs.15.50 lakhs from Mehta Group, unearthed during a search in 2018. AO reopened assessment u/s 147 & made addition based on report that Mehta Group was engaged in providing bogus loans. Assessee explained that it had a running account with Mehta Group, availed genuine loans through banking channels, paid interest with TDS deduction, & repaid loans within the same year. Ledger account evidencing these transactions was furnished.

AO, however, ignored the ledger & details, & proceeded to treat Rs.15.50 lakhs as unexplained accommodation entry. CIT(A) confirmed the addition.

Tribunal observed that while information from Investigation Wing could trigger enquiry, AO was duty-bound to examine Assessee’s ledger & identify specific bogus entries. Instead, AO mechanically made addition without pointing out which transaction was accommodation entry. Tribunal held such action unsustainable when Assessee had furnished complete accounts.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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