MINA PRADHAN,KOLKATA vs. I.T.O., WARD - 42(4), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal held that Section 69C is for unexplained expenditure not recorded in books, and thus incorrectly applied to sales transactions. It directed that only a profit element (commission) on these accommodation sales should be added to the income.
What were the facts?
The assessee booked purchases from M/s Sakaar Infra Nirman Pvt. Ltd. (SINPL), which were later admitted to be accommodation entries. The Assessing Officer treated these as unexplained expenditure under Section 69C, while the assessee argued it was only for earning commission.
What were the issues?
Whether Section 69C is applicable to accommodation sales, and if not, what is the correct method to tax the profit element of such transactions.
Which sections of the Income-tax Act were involved?
Section 69C,Section 143(3),Section 148,Section 115BBE,Section 271AAC(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: SRI SANJAY GARG & SRI RAKESH MISHRA
order
: November 27th, 2024 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
The captioned appeals filed by the assessee are against separate orders of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as ld. 'CIT(A)'] for AY 2017-18 and AY 2018-19 dated 25.06.2024. As the issues in both the appeals are common, they are being decided vide this common order for the sake of convenience and brevity.
More judgments on Section 69C
- Jitendrakumar Bhikhabhai Shrimali, Mehsana vs ITO Ward 1, MehsaanaITA 1290/AHD/2026[2017-18]Status: Disposed21 Oct 2026AY 2017-18
- Sonu Jain, Agra vs ITO WD(1)(1)(2), AgraITA 671/AGR/2026[2024-25]Status: Disposed16 Oct 2026AY 2024-25
- Mritunjay Singh, Kudra vs AO, SasaramITA 454/PAT/2026[2017-2018]Status: Disposed16 Oct 2026AY 2017-2018
- Shantilal Mafaji Kachchhava, Banaskantha vs ITO WD 1 Palanpur, PalanpurITA 2256/AHD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
- Madhusudhan Gade, Nizamabad vs ITO., Ward-1, NizamabadITA 379/HYD/2025[2017-18]Status: Disposed16 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- Harinder Singh Rawat vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026