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“accommodation entry”

Cash Credits & Unexplained ItemsSection 68Section 684,509 judgments

The decision most relied on for accommodation entry is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on accommodation entry

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

N.K. Proteins Ltd. v. DCIT
84 Taxmann.com 195 · 2017 · Supreme Court
204
citing judgments

When purchases are found to be entirely bogus and based on fictitious invoices from non-existent or unconfirmed suppliers, the entire amount of such purchases is liable to be added back as unexplained expenditure, not merely a percentage thereof.

Judgments citing accommodation entry

Yash Mining Pvt. Ltd., Kolkata vs. I.T.O., Ward - 4(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2524/KOL/2024[2012-2013]Status: DisposedITAT Kolkata28 Feb 2025AY 2012-2013

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2524/Kol/2024 Assessment Year: 2012-13 Yash Mining Pvt. Ltd.…... .……………………………………..….……….Appellant 71 Canning Street 5Th Floor, Room No.512A, Kol-1. [Pan: Aaacy4989R] Vs. Ito, Ward-4(1), Kolkata...……..............................……........……...…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Assessee. Shri Sailen Samadder, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : February 27, 2025 Date Of Pronouncing The Order : February 28, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 30.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Registry Has Informed That There Is A Delay Of 194 Days In Filing The Present Appeal. The Assessee Filed An Application For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Application, We Find Reasonable Cause & The Delay Was Not Intentional. We, Therefore, Condone The Delay In Filing The Appeal & Adjudicate The Appeal On Merits Of The Case. 3. Brief Facts Of The Case Are That The Assessee Company Filed Its Return Of Income For The Assessment Year 2012-13 U/S 139(1) Of The Act Declaring Total Income Of Rs.31,470/-. In The Case Of The Assessee, An Information Was Received That The Assessee Company Was One Of The

Section 139(1)Section 144Section 147Section 250Section 68

information was received that the assessee company was one of the I.T.A. No.2524/Kol/2024 Assessment Year: 2012-13 Yash Mining Pvt. Ltd beneficiaries of the accommodation entries and had received an amount of Rs.75,00,000/- from paper/shell companies during the F.Y 2011-12 which appeared to have escaped the assessment ... 144/147 of the Act by making an addition of Rs.75,00,000/- u/s 68 of the Act alleging that the assessee has received accommodation entry from Balaji Trading Co. 4. Dissatisfied with the above order, the assessee preferred an appeal before the ld. CIT(A) against the assessment order. However

Omkara Impex and Merchandise LLP, Ahmedabad vs. The ACIT, Circle-3(3)(2), Ahmedabad

In the result, the appeal of the assessee is allowed for statistical

ITA 809/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad27 Feb 2025AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.809/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2014-15 Omkara Impex & The Acit Merchandise Llp बनाम / Circle-3(3)(2) 301, Primate V/S. Ahmedabad – 380 015 Judges Bungalows Road Bodakdev Ahmedabad - 380 054 स्थायी लेखा सं./Pan: Aaefo 2861 K (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By : Shri Kushal Fofaria, Ar Revenue By : Shri Waghe Prasadrao, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 27/02/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 14/03/2024, Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Cit(A)"], Confirming The Order Of The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] For The Assessment Year (Ay) 2014-15.

For Appellant: Shri Kushal Fofaria, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 144Section 147Section 148Section 151Section 250(6)Section 271(1)(c)

business of trading. The assessment was reopened under Section 147 of the Act based on information received that the assessee had obtained accommodation entries of Rs.69,18,469/- from M/s. Aryan Trading Co. in Financial Year (FY) 2013-14. Accordingly, a notice under Section 148 of the Act was issued ... sought time for making submissions, which was not adequately considered. Further, the assessee disputed the addition of Rs.69,18,469/-, claimed as alleged accommodation entry of purchases, and alternatively argued that if at all any disallowance was warranted, it should be restricted to the profit element ITA No.809/Ahd/2024 Omkara Impex

ITO, Ward- 24(3), New Delhi vs. Sudarshan Buildtech Pvt. Ltd., New Delhi

Appeals are partly allowed and all the Revenue’s appeals are dismissed

ITA 4947/DEL/2017[2007-08]Status: DisposedITAT Delhi27 Feb 2025AY 2007-08

Bench: : Shri Satbeer Singh Godara & Smt. Annapurna Guptaआयकर अपील सं./I.T.A. Nos. 8286 To 8291/Del/2018 (िनधा"रण वष" / Assessment Years : 2010-11 To 2015-16) बनाम Pradeep Kumar Jindal Acit F-3/12, Model Town, New Central Circle-25, New Delhi / Vs. Delhi, Delhi, Pin 110009. "ायी लेखा सं./जीआइआर सं./Pan No. : Aaipj8526A (Appellant) .. (Respondent) आयकर अपील सं./I.T.A. Nos. 9095, 4946, 9096 & 4947/Del/2019, (िनधा"रण वष" / Assessment Years : 2010-11, 2012-13, 2015-16 & 2016-17) बनाम Acit M/S. Delta Leasing & Central Circle-25, New Finance Ltd. / Vs. Delhi C-55 F.I.E., Patparganj, East Delhi, New Delhi, Delhi - 110092 "ायी लेखा सं./जीआइआर सं./Pan No. : Aaacd0594K (Appellant) .. (Respondent)

For Appellant: NoneFor Respondent: Shri Sunil Yadav, CIT. DR
Section 132(4)

subjected to search action u/s.132(4) of the Act, during the course of which several incriminating material were found revealing that he was an accommodation entry provider, to which fact he admitted also in his statement recorded u/s.132(4) of the Act and offered to tax commission income earned from ... activity of providing accommodation entry. The modus operandi revealed that cash was received from persons seeking entry which was deposited in bank account of several bogus companies created by the accommodation entry provider and after routing the money through several layers, the money ultimately reached the real beneficiaries either