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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

Asst CIT Cir 25(3), Mumbai vs. Nailesh S. Mehta, Mumbai

In the result, the appeal of the revenue is treated as Partly Allowed

ITA 4847/MUM/2017[2012-13]Status: DisposedITAT Mumbai04 Jul 2024AY 2012-13

Bench: Shri B R Baskaran, Am & Shri Raj Kumar Chauhan, Jm आयकरअपीलसं/I.T.A. No.4847/Mum/2017 (ननधधारणवर्ा / Assessment Year: 2012-13) बनधम/ Acit-25(3) Nailesh S Mehta Room No. 601, C-10, 6Th 102, Hiralaya, Plot No. 19, Jvpd Vs. Floor, Pratyakshakar Scheme Vile Parle (W), Mumbai- Bhavan, Bandra Kurla 400056. Complex, Bandra (East), Mumbai-400051. स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aczpm0898D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sumat Chadha Revenue By: Dr. Mahesh Akhade, Cit-Dr सुनवाईकीतारीख / Date Of Hearing: 01/07/2024 घोषणाकीतारीख /Date Of Pronouncement: 04/07/2024 आदेश / O R D E R Per B R Baskaran, Am: The Appeal Of The Revenue Is Directed Against The Order Dated 05- 04-2017 Passed By Ld Cit(A)-37, Mumbai & It Relates To The Assessment Year 2012-13. Following Issues Are Urged In This Appeal:- (A) Whether The Ld Cit(A) Was Right In Holding That The Compensation Received On Cancellation Of Flats Booked By The Assessee Is Genuine Business Income & Not Cash Credit Representing Accommodation Entry, Which Is Assessable As Income Of The Assessee Under The Head Income From Other Sources. (B) Whether The Ld Cit(A) Was Right In Deleting The Disallowance Made By The Ao U/S 14A Of The Act Read With Rule 8D Of I T Rules. (C) Whether The Decision Rendered By Ld Cit(A) In Respect Of Profits Generated In Commodity Derivatives & Loss Incurred In Trading In Futures & Option Is Correct.

For Appellant: Shri Sumat ChadhaFor Respondent: Dr. Mahesh Akhade, CIT-DR
Section 14A

right in holding that the compensation received on cancellation of Flats booked by the assessee is genuine business income and not cash credit representing accommodation entry, which is assessable as income of the assessee under the head Income from other sources. (b) Whether the Ld CIT(A) was right ... builder have adopted deceptive means for mutual benefit in order to reduce the tax liability. Accordingly, the AO held that the assessee has availed accommodation entry of Rs.10,01,64,000/- and the same is assessable as income of the assessee under the head “Income from other sources