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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

M/S Gujarat Realtores, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3525/MUM/2023[2013-14]Status: DisposedITAT Mumbai30 May 2024AY 2013-14

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

received information from the Investigation Wing Assessing Officer received information from the Investigation Wing that assessee had obtained accommodation en that assessee had obtained accommodation entries and accordingly tries and accordingly he recorded the reason to believe he recorded the reason to believe that income escaped assessment income escaped assessment ... group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various benami concerns

M/S Gujarat Realtores, Mumbai Suburban vs. Deputy Commissioner of Income Tax -Central Circle 1, Thane

In the result, the appeal for assessment year 2009

ITA 3524/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 May 2024AY 2012-13

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

received information from the Investigation Wing Assessing Officer received information from the Investigation Wing that assessee had obtained accommodation en that assessee had obtained accommodation entries and accordingly tries and accordingly he recorded the reason to believe he recorded the reason to believe that income escaped assessment income escaped assessment ... group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various benami concerns

M/S. Gujarat Realtors (Firm), Bhayander vs. DCIT, CC-1, Thane

In the result, the appeal for assessment year 2009

ITA 3523/MUM/2023[2009-10]Status: DisposedITAT Mumbai30 May 2024AY 2009-10

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Ita Nos. 3523 To 3525/Mum/2023 Assessment Years: 2009-10, 2012-13, 2013-14 M/S Gujarat Realtors, Dy. Cit Central Circle-1, Ground Floor, Samriddhi, Room No. 10, 6Th Floor, Ashar Annapurna Estate, Indralok, Vs. It Park, Wagle Industrial Godhbunder Link Road, Thane, Estate, Thane (W)-400604. Bhayander, 401105. Pan No. Aahfg 0051 C Appellant Respondent Assessee By : Mr. Anuj Kisnadwala Revenue By : Mr. Manoj Kumar Singh, Sr. Dr Date Of Hearing : 16/04/2024 : Date Of Pronouncement 30/05/2024

For Appellant: Mr. Anuj KisnadwalaFor Respondent: Mr. Manoj Kumar Singh, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 234BSection 36Section 68

received information from the Investigation Wing Assessing Officer received information from the Investigation Wing that assessee had obtained accommodation en that assessee had obtained accommodation entries and accordingly tries and accordingly he recorded the reason to believe he recorded the reason to believe that income escaped assessment income escaped assessment ... group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides Mumbai in the case of Bhanwarlal Jain Group: The group provides accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various accommodation entries of bogus loan & advances through various benami concerns

ITO41(2)(3), Mumbai, Bkc vs. Nirmit Jatin Lathia, Mumbai

In the result, both the appeals of the assessee and Revenue

ITA 4828/MUM/2023[2010]Status: DisposedITAT Mumbai28 May 2024

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2010-11 Nirmit Jatin Lathia, Ito 29(2)(2), 2B/101, Jain Upashraya Lane, Kautilya Bhavan, Bkc, Vs. Tagore Nagar, Vikhroli East, Mumbai-400051. Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent Assessment Year: 2010-11 Ito 41(2)(3), Nirmit Jatin Lathia, Room No. 732, Om Sai Chs, Bldg. No. 2, B-Wing, Kautilya Bhavan, Bkc, Vs. Flat No. 101, Opp Bharat Nagar Mumbai-400051. Jain Upashraya Lane, Vikhroli (E), Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent

For Appellant: Mr. Sunil Shinde, Sr. DRFor Respondent: Mr. Mandar Vaidya
Section 1Section 129Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 148

reassessment order, the Assessing Officer treated the purchases of reassessment order, the Assessing Officer treated the purchases of Rs.2,75,25,669/- as bogus accommodation entry and added the as bogus accommodation entry and added the as bogus accommodation entry and added the same to the returned income. The list ... that assessee received information from the Investigation Wing that assessee received Nirmit Jatin Lathia ITA Nos. 4784, 4828/MUM/2023 bogus purchase bills/invoices issued by the accommodation entry bogus purchase bills/invoices issued by the accommodation entry bogus purchase bills/invoices issued by the accommodation entry provider i.e. the bogus hawala dealers. The Assessing

Nirmit Jatin Lathia, Mumbai vs. ITO 29(2)(2), Mumbai

In the result, both the appeals of the assessee and Revenue

ITA 4784/MUM/2023[2010-11]Status: DisposedITAT Mumbai28 May 2024AY 2010-11

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2010-11 Nirmit Jatin Lathia, Ito 29(2)(2), 2B/101, Jain Upashraya Lane, Kautilya Bhavan, Bkc, Vs. Tagore Nagar, Vikhroli East, Mumbai-400051. Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent Assessment Year: 2010-11 Ito 41(2)(3), Nirmit Jatin Lathia, Room No. 732, Om Sai Chs, Bldg. No. 2, B-Wing, Kautilya Bhavan, Bkc, Vs. Flat No. 101, Opp Bharat Nagar Mumbai-400051. Jain Upashraya Lane, Vikhroli (E), Mumbai-400083. Pan No. Acgpl 0296 F Appellant Respondent

For Appellant: Mr. Sunil Shinde, Sr. DRFor Respondent: Mr. Mandar Vaidya
Section 1Section 129Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 148

reassessment order, the Assessing Officer treated the purchases of reassessment order, the Assessing Officer treated the purchases of Rs.2,75,25,669/- as bogus accommodation entry and added the as bogus accommodation entry and added the as bogus accommodation entry and added the same to the returned income. The list ... that assessee received information from the Investigation Wing that assessee received Nirmit Jatin Lathia ITA Nos. 4784, 4828/MUM/2023 bogus purchase bills/invoices issued by the accommodation entry bogus purchase bills/invoices issued by the accommodation entry bogus purchase bills/invoices issued by the accommodation entry provider i.e. the bogus hawala dealers. The Assessing