Uday Shankar Mahawar v. ACIT (2020) 183 ITD 305 (Kol.)(Trib.)

S. 143(3) : Assessment-Survey-Undisclosed income-Accommodation entries-Commission income-Amount not recovered allowable as deduction from the undisclosed income estimated. [S. 28(i) 68, 133A]

During survey, assessee disclosed his undisclosed income at Rs. 3 crore however, when assessee filed his return, he offered only Rs. 1.38 crore out of Rs. 3 crore as undisclosed income.  The assessee contended that the assessee could not recover the balance amount. The AO has assessed the income as disclosed in the course of survey.  On appeal the Tribunal held that even if it was accepted that assessee’s estimate of Rs. 3 crore as his undisclosed income was correct, still, since he could retrieve only Rs. 1.38 crore this year and there was no possibility to recover balance of Rs. 1.68 crore, loss occurred to assessee being connected to carrying on of business of providing accommodation entry to beneficiaries had to be allowed as a deduction. (AY. 2015-16)