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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

Asstt. Commissioner of Income Tax Central-Circle-2(1), Mumbai vs. M/S Gm Modular Pvt Ltd, Mumbai

In the result, application

ITA 3035/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 May 2023AY 2016-17

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3033 To 3038/Mum/2022 Assessment Years: 2014-15 To 2019-2020 Asstt. Cit Central Circle-2(1), M/S Gm Modular Pvt. Ltd., Old Cgo Building, 804, 8Th 8/9 Bokadia Industrial Vs. Floor, M.K. Road, Estate Waliv, Sativali Road, Mumbai-400020. Vasai East Vasai Palghar-401 208. Pan No. Aabcg 3313 Q Appellant Respondent Assessment Year: 2014-15 Asstt. Cit Central Circle-2(1), M/S G Trade & Capital Old Cgo Building, 804, 8Th Venture Pvt. Ltd., Vs. Floor, M.K. Road, 6 G Laxmi Industrial Estate, Mumbai-400020. New Linking Road, Andheri (West) Mumbai-400053. Pan No. Aadcg 7583 Q Appellant Respondent

For Appellant: Mr. Naresh Jain a/wFor Respondent: Dr. Kishor Dhule, CIT-DR
Section 132Section 153ASection 68Section 69C

Venture Pvt. Ltd.. ITA No. 3033 to 3038/M/2022 & 3211/M/2022 ITA No. 3033 to 3038/M/2022 & 3211/M/2022 unaccounted turnover ;(ii) ;(ii) Addition on account of accommodation entry of Addition on account of accommodation entry of unsecured loan u/s 68 of IT. Act unsecured loan u/s 68 of IT. Act ;(iii) Addition ... account of unexplained Addition on account of unexplained expenditure u/S. 69C of the I.T expenditure u/S. 69C of the I.T. Act- ;(iv) Interest on accommodation entry of ) Interest on accommodation entry of unsecured loan ;(v) Commission for arranging accommodation entry of unsecured ) Commission for arranging accommodation entry of unsecured ) Commission

Asstt. Commissioner of Income Tax Central-Circle-2(1), Mumbai vs. M/S Gm Modular Pvt Ltd, Mumbai

In the result, application

ITA 3034/MUM/2022[2015-16]Status: DisposedITAT Mumbai31 May 2023AY 2015-16

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3033 To 3038/Mum/2022 Assessment Years: 2014-15 To 2019-2020 Asstt. Cit Central Circle-2(1), M/S Gm Modular Pvt. Ltd., Old Cgo Building, 804, 8Th 8/9 Bokadia Industrial Vs. Floor, M.K. Road, Estate Waliv, Sativali Road, Mumbai-400020. Vasai East Vasai Palghar-401 208. Pan No. Aabcg 3313 Q Appellant Respondent Assessment Year: 2014-15 Asstt. Cit Central Circle-2(1), M/S G Trade & Capital Old Cgo Building, 804, 8Th Venture Pvt. Ltd., Vs. Floor, M.K. Road, 6 G Laxmi Industrial Estate, Mumbai-400020. New Linking Road, Andheri (West) Mumbai-400053. Pan No. Aadcg 7583 Q Appellant Respondent

For Appellant: Mr. Naresh Jain a/wFor Respondent: Dr. Kishor Dhule, CIT-DR
Section 132Section 153ASection 68Section 69C

Venture Pvt. Ltd.. ITA No. 3033 to 3038/M/2022 & 3211/M/2022 ITA No. 3033 to 3038/M/2022 & 3211/M/2022 unaccounted turnover ;(ii) ;(ii) Addition on account of accommodation entry of Addition on account of accommodation entry of unsecured loan u/s 68 of IT. Act unsecured loan u/s 68 of IT. Act ;(iii) Addition ... account of unexplained Addition on account of unexplained expenditure u/S. 69C of the I.T expenditure u/S. 69C of the I.T. Act- ;(iv) Interest on accommodation entry of ) Interest on accommodation entry of unsecured loan ;(v) Commission for arranging accommodation entry of unsecured ) Commission for arranging accommodation entry of unsecured ) Commission

Asstt. Commissioner of Income Tax Central-Circle-2(1), Mumbai vs. M/S Gm Modular Pvt Ltd, Mumbai

In the result, application

ITA 3033/MUM/2022[2014-15]Status: DisposedITAT Mumbai31 May 2023AY 2014-15

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3033 To 3038/Mum/2022 Assessment Years: 2014-15 To 2019-2020 Asstt. Cit Central Circle-2(1), M/S Gm Modular Pvt. Ltd., Old Cgo Building, 804, 8Th 8/9 Bokadia Industrial Vs. Floor, M.K. Road, Estate Waliv, Sativali Road, Mumbai-400020. Vasai East Vasai Palghar-401 208. Pan No. Aabcg 3313 Q Appellant Respondent Assessment Year: 2014-15 Asstt. Cit Central Circle-2(1), M/S G Trade & Capital Old Cgo Building, 804, 8Th Venture Pvt. Ltd., Vs. Floor, M.K. Road, 6 G Laxmi Industrial Estate, Mumbai-400020. New Linking Road, Andheri (West) Mumbai-400053. Pan No. Aadcg 7583 Q Appellant Respondent

For Appellant: Mr. Naresh Jain a/wFor Respondent: Dr. Kishor Dhule, CIT-DR
Section 132Section 153ASection 68Section 69C

Venture Pvt. Ltd.. ITA No. 3033 to 3038/M/2022 & 3211/M/2022 ITA No. 3033 to 3038/M/2022 & 3211/M/2022 unaccounted turnover ;(ii) ;(ii) Addition on account of accommodation entry of Addition on account of accommodation entry of unsecured loan u/s 68 of IT. Act unsecured loan u/s 68 of IT. Act ;(iii) Addition ... account of unexplained Addition on account of unexplained expenditure u/S. 69C of the I.T expenditure u/S. 69C of the I.T. Act- ;(iv) Interest on accommodation entry of ) Interest on accommodation entry of unsecured loan ;(v) Commission for arranging accommodation entry of unsecured ) Commission for arranging accommodation entry of unsecured ) Commission

Satyaprakash Maruti Prasad Sharma, Mumbai vs. ACIT-20(3), Mumbai

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

ITA 298/MUM/2023[2010-11]Status: DisposedITAT Mumbai29 May 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.298/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Satyaprakash Maruti Prasad बिधम/ Acit-20(3) Sharma R. No. 615, 6Th Floor, Vs. 55/4, Rishikesh Bhawan, Piramal Chambers, Aai Mai Merwanji Street, Lalbaug, Mumbai- Parel, Mumbai-400012. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aljps5054L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punamiya Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/04/2023 घोषणा की तारीख /Date Of Pronouncement: 29/05/2023 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 (Appeals)/Nfac, Delhi Dated 10.01.2023 Passed For Ay 2010-11. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.41,79,889/- On Account Of Bogus Purchases. 3. Brief Facts As Noted By The Ao Are That The Assessee Is An Individual Engaged In The Business As Works Contractor (For Supply Of Display Counters By Making It At The Site Of Customer). The Assessee Had Filed Return Of Income On 12.10.2010 Declaring Total Income Of Rs.34,12,777/- Which Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Later, An Information Was Received From The Office Of Dgit(Inv.), Mumbai That The Assessee Was Engaged In Showing Bogus Purchases & Is A Beneficiary Of Such Transaction. The Ao Has Taken Note Of Fifteen (15) Parties From Whom It Was Alleged

For Appellant: Shri Vimal PunamiyaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 133(6)Section 143(1)Section 147

year 2017 u/s 147 of the Act and confronted the assessee with the adverse information about the assessee’s dealing with fifteen (15) accommodation entry providers; and pursuant to which the assessee furnished copies of purchase invoice from the fifteen (15) parties along with bank statement reflecting payment

Jt CIT(OSD)-Central Circle-1(4), Mumbai vs. Vainavin Realty Pvt Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 878/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 May 2023AY 2014-15

Bench: Us The Ld Counsel For The Assessee Submitted That This Issue Is Covered By Series Of Decision In The Group Case Of The Assessee & In Support, Decision Of Itat In The Case Of Jcit(Osd) Vs. Nabendu Engineering Pvt. Ltd Ita No. 875/Mum/2022 Dated 12.12.2022 Wherein, Exactly Similar Grounds Were Raised Except In Variations In Figures Of Share Application Money. In This Case Also The Assessee Has Filed Application Under Rule 27 Of The Income Tax (Appellate Tribunal) Rules, 1963 Raising Legal Issue Contending That Before The Ld Cit (A) The Assessee Has Raised These Legal Grounds That The Addition Made By The Ao Are Not Based On Any Incriminating Material Or Evidence Found During The Course Of Search Relating To The Additions Made By The Ao & Is Beyond The Scope Of Section 153C Of The Act. The Said Grounds Read As Under:-

Section 132(1)Section 139Section 143(3)Section 153CSection 153C(1)Section 68

order has stated that on perusal of above seized material, it is seen that the investor companies ie., Amazing Suppliers Pvt. Ltd. has received accommodation entries in the form of share premium. However, the AO has not spelt out the contents of the seized material so as to establish that ... statement recorded u/s 132(4) of the Act, Sh. Jayesh Zanani has admitted that he used to make the notings of the accommodation entries taken in the Podar Group. The same is explained in the Page wise explanation for brown colored Sun Signs diary page 1 to 46 Annexure

Mukesh Vinodkumar Singh, Mumbai vs. Income Tax Officer 2(5). Thane, Mumbai

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

ITA 38/MUM/2023[2009-2010]Status: DisposedITAT Mumbai25 May 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.38/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Mukesh Vinodkumar Singh बिधम/ Ito-2(5), Thane Gala No. 5 Saisneha Cit/Nfac. Vs. Industrial Estate Near Ekvira Gas Godown Bhayander (E), Mumbai- 401105. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bmpps6780N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri D. C. Saboo & Shyam Saboo Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 25/05/2023 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. Cit(A)/Nfac, Delhi Dated 29.11.2022 For Ay. 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao By Making Addition Of 100% Alleged Bogus Purchases While Accepting The Sales Shown By The Assessee. 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Roi Declaring Total Income At Rs.3,99,174/- On 29.09.2009 For Ay. 2009-10 Which Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Later, The Ao Received An Information From The Maharashtra Sales Tax Department, Mumbai That Certain Persons Were Providing Accommodation Entries/Bills To Facilitate Beneficiaries Like Assessee To Book Bogus Purchases In The Books Without Actual

For Appellant: Shri D. C. Saboo & Shyam SabooFor Respondent: Shri Anil Gupta
Section 133(6)Section 143(1)Section 147

information from the Maharashtra Sales Tax Department, the assessee’s case was reopened. The adverse information was that the assessee had indulged in accepting accommodation entry by showing bogus purchase from two parties (i) M/s. Om Corporation to the tune of Rs. 3,78,658/- and (ii) M/s. Rumeet Enterprises