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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. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1415/MUM/2023[2014-15]Status: DisposedITAT Mumbai31 Jul 2023AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1414/MUM/2023[2013-14]Status: DisposedITAT Mumbai31 Jul 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1413/MUM/2023[2012-13]Status: DisposedITAT Mumbai31 Jul 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1412/MUM/2023[2011-12]Status: DisposedITAT Mumbai31 Jul 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding

Yash -V-Jewels Ltd, Mumbai vs. DCIT, Central Circle 1(1), Mumbai

ITA 1411/MUM/2023[2010-2011]Status: DisposedITAT Mumbai31 Jul 2023AY 2010-2011

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1410/MUM/2023[2009-2010]Status: DisposedITAT Mumbai31 Jul 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 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)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

Learned Commissioner of Income Tax (Appeal) has again erred in upholding the action of learned assessing officer of treating all the business activities as accommodation entry without appreciating the submission / documentary evidence provided to prove the genuineness of all the transaction of Income, Expenses, Business Losses, Capital Gain / Loss, purchase ... that Shri Praveen Kumar Jain through networking of his group companies [including that of the assessee company] was involved in the business of providing accommodation entries in the garb of providing unsecured loans, share capital or issuing bills of purchase and sales. In the light of this finding