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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

Neeta Ganpatbhai Dabhi, Ahmedabad vs. The PCIT, Ahmedabad-1, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1158/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad03 Jan 2025AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1158/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Neeta Ganpatbhai Dabhi The Pr. Cit 1431/9, Ganesh No Delo, Ahmedabad-1 Vs. Dariyapur Gate, Aaykar Bhawan, Shahibaugh, Ahmedabad - Anandnagar – 380004 Prahladnagar Road, Ahmedabad - 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Btlpd3342P (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Astha Maniar, A.R. ""यथ" क" ओर से/Respondent By : Shri A. P. Singh, Cit. Dr Date Of Hearing 19/12/2024 03/01/2025 Date Of Pronouncement

For Appellant: Ms. Astha Maniar, A.RFor Respondent: Shri A. P. Singh, CIT. DR
Section 147Section 263

income for A.Y. 2017-18 on 31.03.2018 declaring total income of Rs.3,97,680/-. The case was reopened on the basis of information about accommodation entries obtained by the ITA No. 1158/Ahd/2024 [Neeta Ganpatbhai Dabhi Vs. PCIT] A.Y. 2017-18 - 2 – assessee from an entry operator Shri Jignesh Shah ... called for and examined by the Ld. PCIT who noted that the AO did not make addition of Rs.21,26,201/- on account of accommodation entries, for which the case was reopened u/s.147 of the Act. He, therefore, held that the order of the AO was erroneous and prejudicial

Sanguine Media Limited, Chennai vs. PCIT-3, Chennai

In the result, the appeal filed by the assessee is partly- allowed

ITA 936/CHNY/2024[2017-18]Status: DisposedITAT Chennai01 Jan 2025AY 2017-18

Bench: Shri George George Kand Shri Jagadishआयकर अपील सं./Ita No.: 936/Chny/2024 िनधा"रण वष"/Assessment Year:2017-18 Sanguine Media Ltd., The Principal Commissioner Plot No.135A, 1St Floor, Vs. Of Income Tax - 3, Chandran Nagar Main Road, Chennai. Chrompet, Chennai – 600 044. Pan: Aaecs 2217C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Neeraj Mangla, Ca (Through Virtual Mode) ""यथ" क" ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 18.12.2024 घोषणा क" तारीख/Date Of Pronouncement : 01.01.2025

For Appellant: Shri Neeraj Mangla, CAFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 143(3)Section 147Section 148Section 263

found during investigation that both Jignesh Shah and Sanjay Shah controlling multiple companies and concerns. They are involved into activity of providing accommodation entries of various kinds such as unsecured loans, share premium, bogus gain, contrived losses etc. As per the information, assessee has loan from the Group concern ... addition should have been proposed on the basis of such information and thus, it is most humbly requested that no addition for availing accommodation entry of unsecured loans shall be made to income of the assessee. Making additions to the income of the assessee company without having any negative evidences