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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

ITO-19(2)(4), Mumbai vs. Priti Bharat Parekh, Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 447/MUM/2024[2014-15]Status: DisposedITAT Mumbai26 Jul 2024AY 2014-15

Bench: Shri Amarjit Singh & Shri Rahul Chaudhary, Ito-19(2)(4) Vs. Priti Bharat Parekh 507, 5Th Floor, Piramal 6C Landsend Chs 29 D Chambers, Parel, Dongersey Road, Mumbai – 400 012 Malabar Hill Maharashtra – 400006 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaepp1784C Appellant .. Respondent Appellant By : B.V. Jhaveri & Ms. Bhargavi Raval Respondent By : H.M. Bhatt Date Of Hearing 14.05.2024 Date Of Pronouncement 26.06.2024 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Revenue Is Directed Against The Order Of Ld. Cit(Nfac) Of The Income Tax Act, 1961 For A.Y. 2014-15. The Revenue Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Quashing The Reopening By The Ao With The Opinion That The Reopening Is Without Jurisdiction & Bad In Law Without Appreciating That The Facts On Which The Reopening Was Done Are Not Available By The Ao At The Time Of Original Assessment 2. Whether On The Facts & Circumstances Of The Case & In Law, Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That During The Course Of Investigation, It Was Found That The Scrips In Which The Assessee Traded Is Penny Stock Used For Providing Accommodation Entry Only In Form Of Bogus Ltcg & Stcg & Shared With The Jurisdiction Ao In The Fy 2020-21. 3. Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Is Right In Deleting The Addition Made On Account Of Penny Stock Transaction Without Appreciating The Facts That The Assessee Has Entered

For Appellant: B.V. Jhaveri &For Respondent: H.M. Bhatt
Section 143(2)Section 143(3)Section 147Section 148

facts that during the course of investigation, it was found that the scrips in which the assessee traded is penny stock used for providing accommodation entry only in form of bogus LTCG and STCG and shared with the jurisdiction AO in the FY 2020-21. 3. Whether on the facts ... agreed with the submission of the assessee and stated that at the time of original assessment proceedings new facts pertaining to bogus accommodation entries of purchase and sale of shares were not available. Therefore, the AO has treated the claim of exemption u/s 10(38) from LTCG a fictitious

Income Tax Officer, Ward-1(3)(1), Ahmedabad vs. Rajeshkumar Theophilbhai Christie, Ahmedabad

In the result, appeal preferred by the Revenue is allowed for statistical purposes

ITA 965/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad25 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 965/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2017-18) िनधा"रण वष" िनधा"रण वष" Income Tax Officer Rajeshkumar बनाम बनाम/ बनाम बनाम Ward – 1(3)(1), Theophilbhai Christie Vs. Ahmedabad F-1, Delhiwala Block, Gayakwad Haveli, Raikhad, Ahmedabad, Gujarat, 380001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Akapc0179L (Appellant) .. (Respondent) Dr. Darsi Suman Ratnam, Cit.Dr अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : None 16/07/2024 Date Of Hearing Date Of Pronouncement 25/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Revenue Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 13.10.2023 For The Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That An Information Was Received That The Assessee Had Deposited Cash Of Rs.12,82,000/- In Development Credit Bank Ltd., Vejalpur, Ahmedabad During

For Respondent: None
Section 133(6)Section 142(1)Section 144Section 69A

that the assessee was dealing in Board CNG Steel Cylinders. On the other hand, the Ld. CIT(A) had held that assessee was providing accommodation entry and on this basis he has estimated income ITA No. 965/Ahd/2023 [ITO vs. Rajeshkumar Theophilbhai Christie] A.Y. 2017-18 - 4 – @ 2% only ... assessee was engaged in purchase and sale transactions, the Ld. CIT(A) was not correct in giving a finding that the assessee was providing accommodation entries and thereby estimating the income @ 2% only. The Ld. CIT(A) has relied upon fresh submissions and additional evidence filed by the assessee