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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

Rajkot Trading Corporation, Rajkot vs. The ITO Ward-3 (1) (2), Rajkot

The appeal of the assessee is allowed in above terms

ITA 55/RJT/2022[2011-12]Status: DisposedITAT Rajkot03 Oct 2023AY 2011-12

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumar(Through Web-Based Video Conferencing Platform) िनधा"रणवष"/Assessment Year: 2011-12 Rajkot Trading Corporation, Vs. The Income-Tax Officer, 13, Kailashpati Society, Ward 3(1)(2), Dhebar Road (South), Rajkot Rajkot -360002 Pan : Aacfr 5966 L अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri D.M. Rindani, Ar Revenue By : Shri Ashish Kumar Pandey, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 20.09.2023 घोषणा क" तारीख /Date Of Pronouncement: 03.10.2023 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 15.12.2021 Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short] For The Assessment Year (Ay) 2011-12. 2. Ground No.1 Raised By The Assessee Challenges The Validity Of Assessment Framed In The Present Case Under Section 147 Of The Act. The Said Ground Reads As Under:-

For Appellant: Shri D.M. Rindani, ARFor Respondent: Shri Ashish Kumar Pandey, Sr. DR
Section 132Section 143(1)Section 143(3)Section 147Section 148Section 250

borrowed belief of the DCIT, Central Circle-1, Rajkot on the basis of whose information, to the effect that the assessee had taken accommodation entries during the year, the AO had formed belief of escapement of income of the assessee. His contention was that the Assessing Officer, without verifying ... that obtained from the 8 Rajkot Trading Corporation Vs. ITO AY : 2011-12 DCIT, Central Circle-1, Rajkot, that the assessee had obtained accommodation entry from an alleged angadiya/Shroff M/s. National Shroff & Co., amounting in all to Rs.20,75,100/-. That except for this, there was no other information with

Assistant Commissioner of Income Tax (Central), Bilaspur vs. M/S Jagannathdas Harichandmal Jewellers Pvt. Ltd, Raigarh

In the result appeal of revenue is partly allowed in terms of our observations herein above

ITA 106/RPR/2022[2012-13]Status: DisposedITAT Raipur22 Sept 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.106/Rpr/2022 िनधा"रण वष" /Assessment Year: 2012-13 The Assistant Commissioner Of Vs M/S. Jagannathdas Harichandmal Income Tax (Central), Bilaspur Jewellers Pvt. Ltd. Sadar Bazar, Raigarh (C.G.) Pan: Aaccj2840G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Sunil Kumar Agrawal, Ca राज"व क" ओर से /Revenue By : Shri Choudhary N.C. Roy, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 22/09/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Revenue Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-3, Bhopal, Dated 16.03.2022 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 147 Dated 30.12.2018 For A.Y.2012-13. The Grounds Of The Appeal Raised By The Revenue Are As Under: “ 1. Whether On The Fact & In The Circumstances Of The Case In Law, While Holding Assessment Passed U/S 147 R.W.S. 143(3) Of Act As Invalid & Void-Ab-Initio, The Ld. Cit(A) Completely Ignored The Fact That During The Course Of Survey, The Assessee Failed To Discharge Its Burden In Establishing 'The Identity, Creditworthiness & Genuineness Of The Transactions As Required U/S 68 Of The Income Tac Act. Ld. Cit(A) Erred In Ignoring That Reassessment Proceeding Are Based On Fresh Facts/Information Rather Than Change Of Opinion. 2. Whether On The Fact & In The Circumstances Of The Case In Law, The Ld.Cit(A) Erred In Ignoring That Confirmation Of Concealment Of Income/Disclosure Made In Statement Recorded During Survey U/S 133A Of Act Is An Information, Though Not Conclusive, Which May Be Used In Regular Assessment Or Reassessment Proceedings.

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Choudhary N.C. Roy, Sr. DR
Section 133ASection 143(3)Section 147Section 148Section 68

existent at their registered addresses. The cash trail & information received from Inv. Wing, Kol revealed that the share capital was routed through accommodation entry providers. On the basis of survey findings, the CEO of the company was requested to offer his comments on routing of unaccounted cash amounting to Rs.90 ... concerned, it has been observed by the AO that the all the investor companies are paper/shell 19 companies and are involved in providing bogus accommodation entries by way of bogus share application money. the appellant has brought back its own unaccounted money in the form of share application money. Having

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 618/MUM/2023[201-14]Status: DisposedITAT Mumbai20 Sept 2023

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

declaring total income of Rs.770/-. Based on report of the Investigation Wing, Kolkata, the AO had gathered that the assessee had availed accommodation entries to the tune of Rs.87,00,000/- from M/s Moonlink Dealcomm Pvt Ltd and M/s Lucky Prime Commercial Pvt Ltd which represented income escaping assessment ... well, the AO concluded that the assessee is not engaged in business of share trading of unlisted shares but it is involved in providing accommodation entries to the ultimate beneficiaries. The AO thus held that all the transactions conducted by the assessee during the year by way of share transactions

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 617/MUM/2023[2012-13]Status: DisposedITAT Mumbai20 Sept 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

declaring total income of Rs.770/-. Based on report of the Investigation Wing, Kolkata, the AO had gathered that the assessee had availed accommodation entries to the tune of Rs.87,00,000/- from M/s Moonlink Dealcomm Pvt Ltd and M/s Lucky Prime Commercial Pvt Ltd which represented income escaping assessment ... well, the AO concluded that the assessee is not engaged in business of share trading of unlisted shares but it is involved in providing accommodation entries to the ultimate beneficiaries. The AO thus held that all the transactions conducted by the assessee during the year by way of share transactions

Blue Tech Mercantile Pvt Ltd., Mumbai vs. ITO Ward-6(1)(4), NFAC, Delhi

ITA 616/MUM/2023[2017-18]Status: DisposedITAT Mumbai20 Sept 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 617/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 618/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 616/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Blue Tech Mercantile Pvt. बिधम/ Ito, Ward-6(1)(4)/Ao-Nfac Ltd. New Delhi. Vs. 6/10 Vijay Nagar Sangh, Shaikh Misree Road, Antop Hill, Mumbai-400037. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecb2778H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Dharamvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 20.02.2023 For Ay. 2012-13, Ay. 2013-14 & Ay. 2017-18. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That, Except For Variation In Figures, The Issue Permeating In All The Three (3) Assessment Years Are The Same. With The Consent Of Both The Parties, Ay 2012-13 Is Taken As The Lead Case, Result Of Which Shall Apply Mutatis Mutandis To The Other Two (2) Ays 2013-14 & 2017-18. 3. The Sole Grievance Of The Assessee Relates To The Ld. Cit(A)’S Action Of Confirming The Addition Made By Way Of Undisclosed

For Appellant: Shri Mahesh SabooFor Respondent: Shri Dharamvir D Yadav (Sr. DR)
Section 142(1)Section 147

declaring total income of Rs.770/-. Based on report of the Investigation Wing, Kolkata, the AO had gathered that the assessee had availed accommodation entries to the tune of Rs.87,00,000/- from M/s Moonlink Dealcomm Pvt Ltd and M/s Lucky Prime Commercial Pvt Ltd which represented income escaping assessment ... well, the AO concluded that the assessee is not engaged in business of share trading of unlisted shares but it is involved in providing accommodation entries to the ultimate beneficiaries. The AO thus held that all the transactions conducted by the assessee during the year by way of share transactions

Shruti Vinimay Limited, Nagpur vs. DCIT, Central Circle 4(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 223/MUM/2023[2010-11]Status: DisposedITAT Mumbai20 Sept 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.223/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Shruti Vinimay Private बिधम/ Dcit, Central Circle-4(3) Limited Room No.1921, 19Th Vs. 502, Mahalaxmi Apartment Floor, Air India Building, Shivaji Nagar, Nagpur Nariman Point, Mumbai- (Urban) Nagpur-440010, 400021. Maharashtra, India. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aajcs4629R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Ganesh Shah (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/08/2023 घोषणा की तारीख /Date Of Pronouncement: 20/09/2023 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-52 [Hereinafter Referred To As “The Cit(A)], Mumbai Dated 15.12.2022 For Assessment Year 2010-11. 2. At The Outset, The Ld. Ar Of The Assessee, After A Preliminary Hearing Has Not Pressed Ground No. 1 & 2 Raised In The Revised/Additional Ground Of Appeal Filed Before Us Viz Action Of The Transfer Of The Case From Kolkata To Mumbai U/S 127 Of The Income Tax Act, 1961 (Hereinafter “The Act) As Well As The Action Of Ao First Of All, Dropping The Proceedings Initiated U/S 153C Of The Act & Instead Resorting To The Impugned Re-Opening Of Assessment, Which According To Assessee Is Bad In Law. Since The Aforesaid Two (2) Grounds Have Not Been Pressed By The Ld. Ar Both Grounds Stands Dismissed. 3. Coming To The Next Ground Of Appeal Of The Assessee, Which Is Against The Action Of The Ao To Have Reopened The Assessment U/S 147 Of The Act By Issuance Of Notice U/S 148 Of The Act Which According To The Assessee Is Bad In Law. Since It Is A Legal Issue The Same Is Dealt With.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Ganesh Shah (Sr. AR)
Section 127Section 147Section 148Section 153C

these investor / fund providing companies are found to be based / registered at many of Kolkata/Mumbai based addresses notorious for being used by various accommodation entry providers. Further, as per the data gathered from the Kolkata Investigation Wing, many of such investor / fund providing companies have been admitted to be bogus ... paper companies without any business activity and that these companies are controlled and managed by various accommodation entry providers for earning commission income, which was undisclosed for taxation. 4. On perusal of the assessee company’s Balance Sheet for F.Y.2009-10, it is observed that the assessee company has Issued shares