Commissioner Of Income Tax vs M/S. Maithan International on 10 April, 2014
In my view this is a matter of serious concern and goes to the root of the
genuineness of the entire transaction as pleaded by the petitioner.
Accommodation entries or jamma kharchi transactions as they are commonly
known are a commercial reality. The entire object of such transactions is to
circulate ill gotten and unrecorded money with the resultant aim of attempting
to launder one's money. Even under Section 68 of the Income Tax Act, 1961, any
sum fund credited in the books of any person including loans received by such
person can be examined by the Income Tax Department by verifying the identity,
creditworthiness, nature, source and genuineness of the transactions [See
Commissioner of Income Tax, Central-I vs. Maithan International (2015) 375 ITR
123 (Cal), Rajmandir Estates Private Limited vs. Principal Commissioner of
Income Tax, Kolkata-III (2016) 386 ITR 162 (Cal) and Principal Commissioner of
Income Tax (Central) - 1 vs. NRA Iron & Steel Pvt. Ltd. (2019) 412 ITR 161 (SC)].