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The sole issue in this appeal of assessee is against the action of Ld. CIT(A) in confirming the addition made by AO of Rs. 1,62,00,000/- on account of undisclosed income u/s. 68 of the Income-tax Act, 1961.

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Section 68 of the Income-tax Act, 1961—Cash credit—Though the AO and CIT(A) noted that the assessee is in the illegal activity of providing accommodation entry did not appreciate the true significance of the distinction between an infraction of the law committed in the carrying on of a lawful business and an infraction of law committed in a business inherently unlawful and constituting a normal incident of it's activity and, therefore, in the present case in hand since the assessee has suffered the loss in his unlawful activity of giving accommodation entry which resulted in the beneficiaries not giving the income to the assessee is an allowable deduction - UDAY SHANKAR MAHAWAR V/s ASSTT. CIT - [2020] 183 ITD 305 (ITAT-KOLKATA)

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