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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

Vinod Karsanbhai Patel, Delhi vs. ACIT, Central Circle- 17, Delhi

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

ITA 7384/DEL/2018[2010-11]Status: DisposedITAT Delhi23 Jun 2023AY 2010-11

Bench: Shri Chandra Mohan Garg & Assessment Year: 2010-11 Vinod Karsanbhai Patel, The Acit, Central Circle-17, 208/2885, 2Nd Floor, Haryana Singh Road, Delhi Karol Bagh, Delhi 110005 Vs. Pan Aacpp 0956 G (Appellant) (Respondent) For Assessee : Shri Hiren Mehta, Ca Shri Nirbhay Mehta, Ca For Revenue : Shri Om Prakash, Sr. Dr Date Of Hearing : 11.04.2023 Date Of Pronouncement : 23.06.2023 Order Per Chandra Mohan Garg:- This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.12.2022 Of The Ld. Nfac, New Delhi, Relating To Assessment Year 2020-21. 2. The Ld. Assessee Representative (Ar) Submitted That The Assessee Does Not Want To Press Ground No. 1 & 2 & Hence The Same Are Dismissed Has Not Pressed. Ground No. 6 Is General In Nature Which Requires No Specific Adjudication. Remaining Effective Grounds For Adjudication Are As Follows:-

For Appellant: Shri Hiren Mehta, CAFor Respondent: Shri Om Prakash, Sr. DR

justified and has erred in sustaining addition of Rs. 61,362/- on the presumption that commission of 2% was paid for arranging accommodation entries aggregating to Rs. 30,68,100/-. 3. The ld. AR submitted that the ld. CIT(A) was not correct and justified in sustaining 25% of addition ... also sustaining addition of Rs. 61,362/- on the presumption that the commission at the rate of 2% was paid for arranging accommodation entries of said amount of Rs. 30,68,100/-. The ld. AR submitted that the assessee submitted books of accounts during assessment proceedings which have not been

Veena Goel Represented Legal Heir of Moti Lal Goel, Ghaziabad vs. ITO Ward 13(2), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 1190/DEL/2023[2017-18]Status: DisposedITAT Delhi19 Jun 2023AY 2017-18

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2009-10 Smt. Sapna Gupta, Vs The Pr. Cit, 299, Awas Vikas Colony, Dehradun. Vivek Vihar, Haridwar – 249 407, Uttarakhand. Pan: Acspg4083D (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate & Ms Deepashri Rao, Ca Revenue By : Shri N.S. Jangpangi, Cit, Dr Date Of Hearing : 27.04.2023 Date Of Pronouncement : 08.06.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.16/Ddn/2021 For Ay 2009-10 Arises Out Of The Order Of The Pr. Commissioner Of Income Tax (Appeals), Dehradun, [Hereinafter Referred To As „Ld. Pcit‟, In Short] In Din & Order No. Itba/Rev/F/Rev5/2020- 21/1031815348(1) Dated 27.03.2021 Against The Order Of Assessment Passed U/S 148/147 R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 26Th/28Th December, 2018 By The Ld. Assessing Officer, Ward 1(3)(3), Haridwar (Hereinafter Referred To As „Ld. Ao‟). 2. The Only Issue To Be Decided In This Appeal Is As To Whether The Ld. Pcit Was Justified In Invoking Revisionary Jurisdiction U/S 263 Of The Act In Respect Of Disallowance Of Purchases Of Rs 33,35,500/- In The Facts & Circumstances Of The Instant Case.

For Appellant: Shri Rohit Jain, Advocate &For Respondent: Shri N.S. Jangpangi, CIT, DR
Section 147Section 148Section 263Section 263(2)

thereon. In the opinion of the ld. AO, this purchase from M/s Meet Enterprises was bogus and was in the nature of accommodation entry as the said entity was non-existent and not having any real business operations. Accordingly, the case of the assessee was sought to be reopened ... said party was found to be non-existent, the ld. AO concluded that the purchases made from the said party to be a mere accommodation entry. During the course of re-assessment proceedings, the ld. AO made following enquiries with the assessee by seeking the following details :- “1. Kindly refer