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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

Amruta Fabrics Pvt. Ltd., Ahmedabad vs. The PCIT, Ahmedabad-1, Ahmedabad

In the result, appeal filed by the assessee is allowed in part

ITA 1111/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad21 Oct 2024AY 2014-15

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 1110, 1111 & 1112/Ahd/2024 (िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2017-18) बनाम/ Amruta Fabrics Pvt. Ltd. The Pr. Cit 199, New Cloth Market, Ahmedabad-1 Vs. Opp. Raipur Darwaja, Sarangpur, Ahmedabad, Gujarat, 380002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaica0877A (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Astha Maniar, A.R. ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit. Dr 18/09/2024 Date Of Hearing Date Of Pronouncement 21/10/2024

For Appellant: Ms. Astha Maniar, A.RFor Respondent: Shri Sudhendu Das, CIT. DR
Section 132Section 143(3)Section 147Section 148Section 263

case of one Shri Sanjay Govindram Agrawal on 12.04.2019, wherein it was found that the said Shri Sanjay Govindram Agrawal was providing accommodation entries to various persons. During the search, certain documents relating to financial transaction with the assessee was also found and seized, from which it transpired that ... assessee had entered into accommodation entry for ITA Nos. 1110, 1111 & 1112/Ahd/2024 [Amruta Fabrics Pvt. Ltd. vs. PCIT] A.Ys. 2013-14, 2014-15 & 2017-18 - 3 – Rs.58,95,384/- during F.Y. 2012-13. The AO, therefore, issued notice u/s. 148 of the Act on 28.03.2021 after recording his reason

Amruta Fabrics Pvt. Ltd., Ahmedabad vs. The PCIT, Ahmedabad-1, Ahmedabad

In the result, appeal filed by the assessee is allowed in part

ITA 1110/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad21 Oct 2024AY 2013-14

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 1110, 1111 & 1112/Ahd/2024 (िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2017-18) बनाम/ Amruta Fabrics Pvt. Ltd. The Pr. Cit 199, New Cloth Market, Ahmedabad-1 Vs. Opp. Raipur Darwaja, Sarangpur, Ahmedabad, Gujarat, 380002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaica0877A (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Ms. Astha Maniar, A.R. ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit. Dr 18/09/2024 Date Of Hearing Date Of Pronouncement 21/10/2024

For Appellant: Ms. Astha Maniar, A.RFor Respondent: Shri Sudhendu Das, CIT. DR
Section 132Section 143(3)Section 147Section 148Section 263

case of one Shri Sanjay Govindram Agrawal on 12.04.2019, wherein it was found that the said Shri Sanjay Govindram Agrawal was providing accommodation entries to various persons. During the search, certain documents relating to financial transaction with the assessee was also found and seized, from which it transpired that ... assessee had entered into accommodation entry for ITA Nos. 1110, 1111 & 1112/Ahd/2024 [Amruta Fabrics Pvt. Ltd. vs. PCIT] A.Ys. 2013-14, 2014-15 & 2017-18 - 3 – Rs.58,95,384/- during F.Y. 2012-13. The AO, therefore, issued notice u/s. 148 of the Act on 28.03.2021 after recording his reason

M/S. Nikshal Properties Pvt. Ltd, Vadodara vs. The DCIT, Circle-3(1)(1), Ahmedabad

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

ITA 2240/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad18 Oct 2024AY 2015-16

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2015-16 M/S. Nikshal Properties Pvt. Ltd. The Dy. Commissioner Of 42-B, Triloknagar Society Vs Income-Tax Near Aruvedik Hospital Circle-3(1)(1) Outside Pani Gate, Ahmedabad Vadodara – 390 019 Pan: Aadcn 3151 F अपीलाथ"/ (Appellant) अपीलाथ" "" यथ" "" यथ"/ (Respondent) अपीलाथ" अपीलाथ" "" "" यथ" यथ" Assessee By : Shri Paras F. Jain,Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 16/10/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/10/2024 आदेश/O R D E R आदेश आदेश आदेश Per Annapurna Guptathis Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-9, Ahmedabad [Hereinafter Referred To As “Ld. Cit(A)” For Short] Dated 25/09/2018 Passed For Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1 The Ld. Cit(Appeals) Has Erred In Law & Facts In Upholding The Order Of The A.O. Assessing Income At Rs. 1,25,45,835/- As Against Nil Returned Income Declared By The Assessee After Set Off Of Brought Forward Business Loss Of Rs. 76,75,095/- 2. He Has Erred In Upholding The Estimation Of Commission @ 2% On Total Deposits In The Bank As Against 0.5% Agreed By The Assessee Without Properly Appreciating The Facts & Estimation Of Income At 0.5% In Similar Other Cases. He Has Erred In Law & Facts In Not Properly Appreciating & Accepting The Written Submission Furnished By The Assessee During Course Of Assessment Proceedings. M/S.Nikshal Properties Pvt.Ltd. Vs. Dcit Ay 2015-16 2

For Appellant: Shri Paras F. Jain,ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 234A

during assessment proceedings the assessee had admitted to have carried out no business transactions but, on the contrary, to be engaged only in providing accommodation entry to beneficiaries. The AO accepted this explanation of the assessee and proposed to tax commission income by estimating the same on the total deposits ... also pointed out various decisions of the ITAT holding 0.5% to be the appropriate rate of commission earned in the business of providing accommodation entry. The AO, however, rejected the contention of the assessee noting that during the assessment proceedings for AY 2014-15, the Auditor of the assessee