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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 Ward-15(2), New Delhi vs. La Solitaire Jwels Private Limited, New Delhi

In the result, the appeal of the revenue is dismissed

ITA 4784/DEL/2019[2013-14]Status: DisposedITAT Delhi05 Feb 2024AY 2013-14

Bench: Sh. Saktijit Dey & Sh. N. K. Billaiyaassessment Year: 2013-14 Ito Vs. La Solitaire Jewels Private Ward- 15 (2) Limited, 2706, Bank Street New Delhi Road, Karol Bagh, New Delhi-110005 Pan No.Aaacl9483H (Appellant) (Respondent) C.O No.102/Del/2023 (In Ita No.4784/Del/2019) Assessment Year: 2013-14 La Solitaire Jewels Private Vs. Ito Limited, 2706, Bank Street Ward- 15 (2) Road, Karol Bagh, New Delhi New Delhi-110005 Pan No.Aaacl9483H (Appellant) (Respondent) Appellant By Sh. Vipul Kashyap, Sr. Dr Respondent By Sh. Mayank Patawari, Ca Date Of Hearing: 30/01/2024 Date Of Pronouncement: 05/02/2024 Order Per N. K. Billaiya, Am:

Section 133Section 143Section 148Section 44A

recovered during search at the premises of Sh. Bhanwarlal Jain, Rajendra Jain, Dharmichand Jain, Sanjay Choudhary group revealed that the assessee was beneficiary of accommodation entry in the form of bogus purchase of diamond through these entry providers details of such entries are as under :- S. Name of Entry Entry ... provider Entry Amount Accommodation entry No provider PAN obtained through 1 Nice Diamond AIKPK8272C Rs.9,99,944/- Bhanwarlal Jain Group 2 Nayan Gems AADFN2516R Rs.42,16,275/- Rajendra Jain Group, Sanjay Choudhary Group and Dharmichand Jain Group 3 Nazar Impex Pvt. AACCN3603R Rs.76,83,625/- -do- Ltd. 4 Dharam Impex

Siddharth Enclave Pvt. Ltd, Kolkata vs. ITO, Ward- 9(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1302/KOL/2023[2013-14]Status: DisposedITAT Kolkata30 Jan 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1302/Kol/2023 Assessment Year: 2013-14 Siddharth Enclave Pvt. Ltd…..…..…......................…...……………....Appellant Dalmia House, 4, Madan Chatterjee Lane, Kolkata- 700007. [Pan: Aakcs6377D] Vs. Ito, Ward-9(1), Kolkata………………..............................…..…..... Respondent Appearances By: Shri Manoj Tiwari, Ar, Appeared On Behalf Of The Appellant. Shri Bibekananda Madhu, Jcit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 30, 2024 Date Of Pronouncing The Order : January 30, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. In This Case, The Addition Has Been Made By The Assessing Officer & Further Confirmed By The Cit(A) Of Rs.4,45,337/- With The Allegation That The Said Amount Was Received By The Assessee From Various Circuitous Transactions Originated From One M/S Neelkanth Trading Co. The Assessing Officer Received An Information From The Investigation Wing That The Director Of The Said M/S Neelkanth Trading Co., Shri Sanjiw Kumar Singh Was In Fact An Entry Operator & He Had Provided

Section 147Section 250

Shri Sanjiw Kumar Singh was in fact an entry operator and he had provided I.T.A. No.1302/Kol/2023 Assessment Year: 2013-14 Siddharth Enclave Pvt. Ltd. accommodation entries by moving the funds through different layers which ultimately reached to the beneficiaries. The name of the assessee was also mentioned ... which of the receipt/entry in the accounts of the assessee was suspicious and without correlating any receipt of the amount with the alleged accommodation entry, simply made the addition observing that since it was the report of the investigation wing that the assessee was a beneficiary, therefore, the addition

Smt. Hema Ramesh Jain, Thane vs. ITO Ward - 1(5), Kalyan

In the result, the appeal of the assessee is partly allowed

ITA 2966/MUM/2023[2014 - 15]Status: DisposedITAT Mumbai29 Jan 2024

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2966/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Smt. Hema Ramesh Jain बिधम/ Ito, Ward-1(5) 1St Floor, Mohan Plaza, Flat No. 1501, Bldg 2-Greens, Vs. Vasant Lawns, Voltas Wayale Nagar, Compound, Nr Majiwada Khadakpada, Kalyan Flyover, Thane (West)- (W), Maharashtra- 400601. 421301. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Afdpj0407L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ajay R. Singh Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/01/2024 घोषणा की तारीख /Date Of Pronouncement: 29/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 08.08.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Disallowance Made By Ao Regarding The Claim Of Long Term Capital Gain (Ltcg) Of Rs.23,37,135/- & Taxing The Entire Sale Consideration Of Rs.25,12,020/- On Sale Of Shares Of M/S. Sunrise Asian Ltd. (Hereinafter “M/S. Sunrise”).

For Appellant: Shri Ajay R. SinghFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 10(38)Section 132(4)Section 391Section 44A

cannot be allowed. According to him, the entire transaction giving rise to the capital gains are merely fictitious bogus accommodation entries through which unaccounted money of the assessee has been converted into accounted money in the garb of LTCG arising on account of purchase and sale of shares ... admitted that he was managing and 9 A.Y. 2014-15 Smt. Hema Ramesh Jain controlling several concerns through which beneficiaries like assessee were given accommodation entry in the form of LTCG. In the facts and circumstances, he does not want us to interfere with the action