Anju Agarwal Vs ITO (ITAT Agra)
Accommodation Entry Allegation Collapses—Business Model Accepted by Tribunal- Same Facts, Same Group—Same Relief: ITAT Deletes Rs.49.98 Lakh Addition Again
Assessee, engaged in wholesale business, filed return declaring Rs.6,36,970. A survey u/s 133A in the case of Ashok Kumar Gupta Group (30-11-2018) revealed that his entities provided accommodation entries of bogus purchases & sales. AO issued notice u/s 148A(b) alleging unexplained credit of Rs.49,98,136 received from M/s Kalki Trading Co. (managed by Ashok Gupta). Assessee clarified with ledger, bank statement & reply that she had received only Rs.3,63,751 as net surplus duly offered to tax & had no transaction for Rs.49.98 lakh. AO rejected explanation, passed order u/s 148A(d), reopened assessment & made addition u/s 68 of Rs.49,98,136, which NFAC upheld.
Before Tribunal, Assessee demonstrated that the identical issue with the same accommodation entry provider had already been decided in her favour for AYs 2017-18 & 2018-19 (order dated 23-04-2025), where entries routed through Ashok Gupta’s entities (then M/s Umesh Kumar Vivek Kumar) were held genuine because the Assessee only received net surplus from an aartia who purchased & sold goods on her behalf. Tribunal reproduced those findings , noting that business model remained identical; only the name of the intermediary entity changed.
