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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

Income Tax Officer, Ward - 2(3)(6), Surat vs. Shri Abhishek Navnitkumar Doshi, Surat

In the result the ground No

ITA 38/SRT/2022[2012-13]Status: DisposedITAT Surat09 Jan 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No. 21/Srt/2022 Assessment Year: (2012-13) (Physical Court Hearing) Abhishek Navnitkumar Doshi, Vs. The Ito, Ward-2(3)(7), 204/205, 2Nd Floor, 6/1911-12, Surat. Jin Shanti Building, Jada Khadi, Mahidharpura – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpd0064M (Appellant) (Respondent) आयकर अपील सं./Ita No.38/Srt/2022 Assessment Year: (2012-13) The Ito, Ward-2(3)(6), Vs. Abhishek Navnitkumar Doshi, 204/205, 2Nd Floor, 6/1911-12, Surat. Jin Shanti Building, Jada Khadi, Mahidharpura – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpd0064M (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 28/12/2022 09/01/2023 Date Of Pronouncement

Section 132Section 143(3)Section 148

statement recorded of Shri Bhanwarlal Jain, during the course of search, it is found that this group was in the activity of providing accommodation entries pertaining to bogus sales to various patties. As per list of details of bogus sales available with assessing officer, it was found that the assessee ... received accommodation entries from concerns, namely, from Mark Gems, Mimixa Diam, Mother Exports, Naman Exports, Rahul Exports and Dax Diamonds to the tune of Rs.2,50,25,283/-. 6. Thus, there was reason to believe that income to the tune of Rs.2,50,25,203/- has escaped the assessment

Abhishek Navnitkumar Doshi, Surat vs. Income Tax Officer, WD. 2(3)(7), Surat

In the result the ground No

ITA 21/SRT/2022[2012-13]Status: DisposedITAT Surat09 Jan 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No. 21/Srt/2022 Assessment Year: (2012-13) (Physical Court Hearing) Abhishek Navnitkumar Doshi, Vs. The Ito, Ward-2(3)(7), 204/205, 2Nd Floor, 6/1911-12, Surat. Jin Shanti Building, Jada Khadi, Mahidharpura – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpd0064M (Appellant) (Respondent) आयकर अपील सं./Ita No.38/Srt/2022 Assessment Year: (2012-13) The Ito, Ward-2(3)(6), Vs. Abhishek Navnitkumar Doshi, 204/205, 2Nd Floor, 6/1911-12, Surat. Jin Shanti Building, Jada Khadi, Mahidharpura – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhpd0064M (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 28/12/2022 09/01/2023 Date Of Pronouncement

Section 132Section 143(3)Section 148

statement recorded of Shri Bhanwarlal Jain, during the course of search, it is found that this group was in the activity of providing accommodation entries pertaining to bogus sales to various patties. As per list of details of bogus sales available with assessing officer, it was found that the assessee ... received accommodation entries from concerns, namely, from Mark Gems, Mimixa Diam, Mother Exports, Naman Exports, Rahul Exports and Dax Diamonds to the tune of Rs.2,50,25,283/-. 6. Thus, there was reason to believe that income to the tune of Rs.2,50,25,203/- has escaped the assessment

Deputy Commissioner of Income Tax, Centre-Circle-6(4), Mumbai vs. Shri Rajiv Ratan, New Delhi

In the result, the appeal of the revenue is dismissed and cross objection filed by the assessee is also dismissed

ITA 1434/MUM/2022[2011-12]Status: DisposedITAT Mumbai30 Dec 2022AY 2011-12

Bench: Shri Aby T Varkey & Shri Amarjit Singhthe Dcit, Cc -6(4), Vs. Shri Rajiv Rattan Room No. 1925, 19 Th Floor, 60, 2 Nd Floor, Vasant Marg, Air India Building, Vasant Vihar, Nariman Point, New Delhi - 110057 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aespr3957D Appellant .. Respondent C.O. No. 126/Mum/2022 (A.Y.2011-12) Shri Rajiv Rattan Vs. The Dcit, Cc -6(4), 60, 2 Nd Floor, Vasant Marg, Room No. 1925, 19 Th Floor, Vasant Vihar, Air India Building, New Delhi - 110057 Nariman Point, Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aespr3957D Appellant .. Respondent Appellant By : Smt. Riddhi Mishra Respondent By : Meet Shah

For Appellant: Smt. Riddhi MishraFor Respondent: Meet Shah
Section 153CSection 245D(4)

there was undisclosed income of the Surya Group which is routed in the form of share capital in the group companies by obtaining the accommodation entries from Kolkata based entry provider companies. Such share capital/share premium is liable to be added in the ITA No. 1434/Mum/2022 and C.O. No.126/Mum/2022 ... were in the nature of unaccounted cash receipts in relation to on money received from sale of units, amount received back in cash from accommodation entry providers and cash loans, advances received/repaid etc. The ld. Counsel further submitted that the 16 companies of Indiabulls Group of companies had filed

Dy CIT Cent. Cir.-8(2), Mumbai vs. M/S. Raj Wespower P. Ltd., Mumbai

In the result, all the appeals of the In the result, all the appeals of the Revenue are allowed partly are allowed partly for statistical purposes

ITA 1884/MUM/2020[2014-15]Status: DisposedITAT Mumbai30 Dec 2022AY 2014-15

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2011-12 & Assessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2014-15 Dcit-Cc-8(3), M/S Jsw Energy (Barmer) Room No. 656, 6Th Floor, Limited, (Formerly Known Aayakar Bhavan, Vs. As M/S Raj Westpower Pvt. M.K. Road, Ltd.), Jindal Mansion, 5A, Mumbai-400020. Dr. G. Deshmukh Marg, Mumbai-400026. Pan No. Aaacr 8812 L Appellant Respondent : Revenue By Mr. T. Shankar, Cit-Dr & Smt. Mahita Nair, Dr Assessee By : Mr. Rakesh Joshi, Ar : Date Of Hearing 18/10/2022 : Date Of Pronouncement 30/12/2022

For Appellant: Mr. Rakesh Joshi, ARFor Respondent: Revenue by Mr. T. Shankar, CIT-DR &

contractor i.e. the DCIT Central Circle, Kolkatta e DCIT Central Circle, Kolkatta, intimated that , intimated that SGIL admitted the fact of providing accommodation entry to M/s SGIL admitted the fact of providing accommodation entry to M/s SGIL admitted the fact of providing accommodation entry to M/s Rajwest power private limited ... submitted by the contractor . The assessee sought of copy of copy of entire documents related to acceptance entire documents related to acceptance of accommodation entry by SGIL along with cross-examination of of accommodation entry by SGIL along with cross of accommodation entry by SGIL along with cross the contractor

Pride Paradise and Development Pvt. Ltd, Mumbai vs. Income Tax Office -WD 7(3) (1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 50/MUM/2022[2007-08]Status: DisposedITAT Mumbai29 Dec 2022AY 2007-08

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.50/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2007-08) Pride Paradise & बिधम/ Ito, Ward-7(3)(1) Room No. 126J, 1St Floor, Development Pvt. Ltd. Vs. 601, Orbit Plaza, New Aayakar Bhavan, Marine Prabhadevi Road, Lines, Mumbai-400020. Prabhadevi, Mumbai- 400025. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccp3042N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Mahender Ahuja सुनवाई की तारीख / Date Of Hearing: 22/11/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 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 17.11.2021 For The Assessment Year 2007-08. 2. At The Outset, The Ld. Ar Of The Assessee Has Challenged The Action Of The Ld. Cit(A) Confirming The Action Of The Ao By Which The Ao Has Made An Addition Of Rs.6,00,000/-. 3. Brief Facts Are That The Assessee Had Filed Its Return Of Income For Ay. 2007-08 On 31.10.2007 Declaring Total Income Of Rs.4,820/-. Thereafter, The Return Of Income Was Scrutized U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Vide Order Dated 09.12.2009 Accepting The Return Of Income. Later On, The Ao Received An Information From Dgit (Inv.), Mumbai Pursuant To A Search Carried

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Mahender Ahuja
Section 143(3)Section 147Section 148

Kumar Jain Group on 01.10.2013. On the basis of statement of Shri Praveen Kumar Jain that his Group of concerns were engaged in providing accommodation entry; and based on that investigation wing prepared an Investigation Report, from which it revealed that the assessee is a beneficiary of obtaining accommodation entries

ITO 34 (1)(6), Mumbai vs. Shri Anurag Shivcharan Agarwal, Mumbai

In the result, the appeal of the revenue as well as cross-objection of the assessee are dismissed

ITA 197/MUM/2020[2009-10]Status: DisposedITAT Mumbai29 Dec 2022AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.197/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito-34(1)(6) बिधम/ Anuraag Shivcharan Room No. 726, Kautilya Agarwal Vs. Bhawan, G Block, Bkc, B-607/608, Lok Tirth Bandra East, Mumbai- Bldg, Marve Road, Malad 400051. West, Mumbai-400064. Cross Objection No. 145/Mum/2021 Arising Out Of I.T.A. No.197/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2009-10) Anuraag Shivcharan Ito-34(1)(6) बिधम/ Agarwal Room No. 726, Kautilya Vs. B-607/608, Lok Tirth Bldg, Bhawan, G Block, Bkc, Marve Road, Malad West, Bandra East, Mumbai- Mumbai-400064. 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Addpa1846Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Simoni Chauhan Revenue By: Shri Mahender Ahuja सुनवाई की तारीख / Date Of Hearing: 23/11/2022 घोषणा की तारीख /Date Of Pronouncement: 29/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Revenue Appeal & Cross-Objection Preferred By Assessee Against The Order Of The Ld. Cit(A)-46, Mumbai Dated 23.10.2019 For Ay. 2009-10. 2. The Grounds Of Appeal Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Of Rs.11,67,597/- Made By Ao Holding That The Purchase & Sale Transaction In The Shares Of M/S.

For Appellant: Ms. Simoni ChauhanFor Respondent: Shri Mahender Ahuja
Section 143(1)Section 147Section 68

that the purchase and sale transaction in the shares of M/s. 2 C.O. 145/Mum/2021 A.Y. 2009-10 Anurag Shivcharan Agarwal JMD Telefilms Ltd. was accommodation entry and treating the same as unexplained gain/income from sale of penny-stock. 3. Brief facts are that the assessee had filed the return ... M/s.JMD Telefilms Ltd. at Rs 13,03,070/- in the year under consideration. And therefore, according to the AO, the assessee has received accommodation entry as per the information received from DCIT, OSD (Inv.-II) related to transaction of Penny-stock. And therefore he disallowed the claim of exemption