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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

Himanshu Goyal, Dhamtari vs. Pr. CIT-1, Raipur

In the result legal grounds raised by the assessee under present appeal is allowed

ITA 144/RPR/2022[2012-13]Status: DisposedITAT Raipur25 Oct 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.144/Rpr/2022 (Assessment Years: 2012-2013) Himanshu Goyal, Vs Pr.Cit, Raipur-1, Raipur Nawagaon Road, Dhamtari, 793773, (C.G.) Pan No. :Agtpg1746Q (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Praveen Khandelwal & Praveen Goyal, Cas राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 09/10/2023 घोषणा क" तार"ख/Date Of Pronouncement : 25/10/2023 आदेश / O R D E R

For Appellant: Shri Praveen KhandelwalFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 143Section 263

that on perusal of the reasons recorded u/s.147 of the Act, it is stated that the assessee is one of the beneficiaries of accommodation entry in trading in penny stock company namely, M/s DLS Exports Pvt. Ltd.. The assessee has also vide his letter dated 26.12.2019 filed objection ... Pr.CIT subsequently has observed that the DDIT (Inv). Unit- 2(l), Kolkata has sent another information stating that the assessee is beneficiary of accommodation entry in trading in a penny stock company namely M/s 21st Century (India) Ltd. Further it is mentioned that the information was overlooked during assessment proceedings

Vivek Raghu Shetty, Mumbai vs. Asstt CIT Circle-32(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 978/MUM/2022[2011-12]Status: DisposedITAT Mumbai23 Oct 2023AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhvivek Raghu Shetty Vs. Asst. Commissioner Of 1/1, Shrinagar Building, Income-Tax Circle-32(3) Chandavarker Road, M.K. Road, New Marine Borivali (West), Lines, Churchgate, Mumbai – 400092 Mumbai- 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeps2750D Appellant .. Respondent [ Appellant By : Anuj Kisnadwala Respondent By : Ajeya Kumar Ojha Date Of Hearing 19.10.2023 Date Of Pronouncement 11.12.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 11.03.2022 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) Has Erred In Law & On Facts In Confirming The Contention Of Assessing Officer That Shares Of M/S Comfort Intec Ltd Is A Penny Stock. 2. The Learned Cit (A) Has Erred In Not Considering The Fact That The Appellant Is Engaged In Business Of Trading In Shares & Offered The Income Generated From The Same Under The Head Of 'Profit & Gain From Business & Profession & Not Claimed Benefit Of Exemption Under Long Term Capital Gain. 3. The Learned Cit (A) Has Erred In Law & On Facts In Not Deleting Addition Of Entire Sale Consideration Amounting To Rs.20,46,524/- Made By The Assessing Officer U/S. 68 Of The Act Alleging The Same To Be Transaction In Penny Stock.

For Appellant: Anuj KisnadwalaFor Respondent: Ajeya Kumar Ojha
Section 143(1)Section 147Section 148Section 68Section 69C

assessee cannot be allowed. Therefore, the assessing officer treated the amount of Rs. 20,46,524/- received on sale of shares as bogus accommodation entry and added to the total income of the assessee. The assessing officer has also estimated expenses as commission @ 3% on the aforesaid amount at Rs.61