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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

Halwasiya Properties Pvt. Ltd., Lucknow vs. Income Tax Officer-3(5), Lucknow

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

ITA 204/LKW/2022[F.Y. 2012-13]Status: DisposedITAT Lucknow25 Oct 2024

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2012-13 Halwasiya Properties Private Income Tax Officer-3(5), Lucknow Limited, Halwasiya Court, Vs. New, Pratyaksh Kar Bhawan, 57, Hazratganj, Lucknow- Ram Tirath Marg, Lucknow- 226001 226001 Pan:Aaach9708D (Appellant) (Respondent) Assessee By: Sh. Devashish Mehrotra, Adv Revenue By: Sh. Gayasuddin, Cit Dr. Date Of Hearing: 03.09.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Filed Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of Income Tax Act Passed On 23.09.2022. The Grounds Of Appeal Are As Under:- “1. That The Order Passed By The Ld. Cit(A), Nfac Is Without Proper Opportunity & Contrary To The Principles Of Audi Alteram Partem And, Therefore, The Same Is Bad In Law & Deserves To Be Set Aside. 2. That On The Facts & Circumstances Of The Case As Well As In Law, The Cit(A), Nfac Is Not Justified In Treating The Loan Of Rs.50,00,000/- Taken By The Appellant As Fictitious Loan. 3. That The Ld. Cit(A), Nfac Has Erred In Law & On Facts & Circumstances Of The Case In Confirming The Addition Of Rs. 1,25,000/- For Alleged Accommodation Entry Of Loan @ 2.5% & Subjecting To Tax In The Hands Of The Appellant.

For Appellant: Sh. Devashish Mehrotra, AdvFor Respondent: Sh. Gayasuddin, CIT DR
Section 132Section 143(3)Section 148Section 250

NFAC has erred in law and on facts and circumstances of the case in confirming the addition of Rs. 1,25,000/- for alleged accommodation entry of loan @ 2.5% and subjecting to tax in the hands of the appellant. 1 A.Y. 2012-13 Halwasiya Properties Pvt. Ltd. 4. That ... Shashwat Agarwal and Rich Udyog, group of companies. During the course of search, it was found that Shri Shaswat Agarwal was engaged in providing accommodation entries through companies controlled and managed by him and his brother, Ashesh Agarwal. Once of such companies was M/s Big Broker House Stock Limited

Aadi Real Estate Developers Private Limited, Ahmedabad vs. The ITO, Ward-1(1)(1), Ahmedabad

The appeal of the assessee is allowed for statistical purposes

ITA 928/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad25 Oct 2024AY 2012-13

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2012-13 Aadi Real Estate Developers Vs. Income Tax Officer, Private Limited, Ward 1(1)(1), 402, Sheel Complex, Mayur Ahmedabad Colony, Mithakhali, Navrangpura, Ahmedabad-380009 Pan : Aajca 1796 R अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Deepak Shah, Ar Revenue By : Shri V. Nandakumar, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 16.10.2024 घोषणा क" तारीख /Date Of Pronouncement: 25.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 25.05.2022 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2012-13. 2. The Brief Facts Relating To The Case Are That The Assessee Is A Private Limited Company & Had Filed ‘Nil’ Return Of Income For The Impugned Assessment Year, I.E. Ay 2012-13. Subsequently, On Information Received From Ddit (Inv.), Unit-1 (3), Ahmedabad, By The Assessing Officer That The Assessee Was A Beneficiary Of Accommodation Entry Taken Through Dummy Companies Run & Controlled By One Jignesh Shah, Which Information Was Revealed Consequent To Search Action Conducted On Jignesh Shah, The Case Of The Aadi Real Estate Developers Pvt Ltd Vs. Ito Ay : 2012-13 2

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 147Section 250Section 68

Subsequently, on information received from DDIT (Inv.), Unit-1 (3), Ahmedabad, by the Assessing Officer that the assessee was a beneficiary of accommodation entry taken through dummy companies run and controlled by one Jignesh Shah, which information was revealed consequent to search action conducted on Jignesh Shah, the case ... Developers Pvt Ltd Vs. ITO AY : 2012-13 2 assessee was reopened. The Assessing Officer was of the belief that the assessee had taken accommodation entry to the tune of Rs.4,73,20,000/- from dummy concerns managed and controlled by Jignesh Shah. The Assessing Officer was also in possession