During search of Naresh Kuamr jain & jain brothers, incriminating documents were found which revealed that assessee was used as conduit for routing accommodation entries to ultimate beneficiaries. Assessing Officer made addition of credits found in accounts of assessee as unexplained under section 68. CIT(A) deleted the addition. Tribunal up held the order of CIT(A). On appeal the Court held that credit introduced in books of assessee, a shell company, was matched by a debit to other entities used to route funds to ultimate beneficiaries and commission for providing entries to beneficiaries would be real income of Jain Brothers and there was no material to indicate that assessee had earned any commission income. Unexplained credits were liable to be taxed in hands of beneficiaries and since same had been done, there was no occasion of taxing channels through which amounts were routed. Order of Tribunal deleting the addition was affirmed. (AY. 2012-13 to 2017-18)
PCIT v. Third Generation Traders (P.) Ltd. (2025) 305 Taxman 299 (Delhi)(HC)
S. 68 : Cash credits-Shell company-Accommodation entries-Commission income was offered-Order of Tribunal deleting the addition as unexplained credits was affirmed by the High Court. [S. 153C, 260A]
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