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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

Dy.Comm of Income Tax Central Circle 5(1), Mumbai vs. M/S. Arch Pharmalabs Ltd, Mumbai

In the result of the Revenue Appeal is dismissed

ITA 1722/MUM/2022[2017-18]Status: DisposedITAT Mumbai23 Nov 2022AY 2017-18

Bench: Shri Amit Shukla, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No.1722/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2017-18) Dy. Comm Of Income M/S. Arch Pharmalabs Tax Central Circle Ltd Mumbai 5(1) Mumbai 3Rdfloor, Titanic Bldg, बिधम/ Room No.1928, Chandivali Farm Road, Vs. 19Th Floor, Air India Bldg. Malegaon, Nariman Point, Mumbai Maharashtra 400072 Maharashtra,400021 स्थायीलेखासं./जीआइआरसं./Pan No Aaccm0306Q (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ : Shri Madhur Agarwal Appellant By प्रत्यथीकीओरसे/Respondent : Shri. Manoj Sinha, Sr.Ar. By सुनवाईकीतारीख/ : 20.10.2022 Date Of Hearing घोषणाकीतारीख / : 23.11.2022 Date Of Pronouncement आदेश / O R D E R

For Respondent: Shri. Manoj Sinha, Sr.AR
Section 133(6)Section 143Section 143(3)Section 147Section 148Section 148ASection 68

being proceeds on sale of the Scrip without appreciating that the statement of various relevant persons admitting that these companies were indulged in giving accommodation entries, abnormal rise in prices over short period, cash trails in the accounts of entry operators etc. 3 I.T.A. No. 1722/Mum/2022 M/s Arch pharmalabs ... engaged into the trading in penny stocks with an intention to record non-genuine LTCG/STCG M/s. Arch Pharmalab Ltd. has availed financial accommodation entries for obtaining bogus long term capital gains on various shares This entry of LTCG is taken by selling the shares 5 I.T.A. No. 1722/Mum/2022 M/s Arch

Shri Rajnish C. Bharti, Mumbai vs. Pr. CIT -30, Mumbai

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

ITA 311/MUM/2021[2010-11]Status: DisposedITAT Mumbai22 Nov 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.311/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2010-11) Shri Rajnish C. Bharti बिधम/ Pcit-30, Mumbai 506B, Rajendra Vihar Room No. 540, 5Th Floor, Vs. Evershine Nagar, Malad Kautilya Bhavan, C-41 To West, Mumbai-400064. C-43, G Block, Bandra Kurla Complex, Bandra (E)-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpb6150F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri C. V. Jain Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/10/2022 घोषणा की तारीख /Date Of Pronouncement: 22/11/2022 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. Principal Commissioner Of Income Tax-30, Mumbai Dated 04.03.2020 For Assessment Year 2010-11 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri C. V. JainFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 143(3)Section 147Section 263

cheque discounting for a commission” and 4 A.Y. 2010-11 Rajnish C. Bharti accordingly the credit in the bank account was treated as accommodation entry for several parties (beneficiaries) and on the basis of which for AY. 2009-10 an addition of commission @ 2% of the total credit appearing ... that he was into the business of cheque discounting at the rate of 0.05%. In view of acceptance of several accommodation entry providers in their statement recorded under oath that commission on such transaction in the market is 1.5 to 2%, I am of the considered view that the assessee

Print Plus P. Ltd., Mumbai vs. ITO Ward-7(1)(4), Mumbai

In the result of the appeal of assessee is partly allowed

ITA 1719/MUM/2020[2011-12]Status: DisposedITAT Mumbai09 Nov 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1719/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) बिधम/ Income Tax Office 7(1)(4) Print Plus Private Limited 212, Swastik Chember, Income Tax Office, Vs. Off. Sion Aayakar Bhavan, Trombay Road, Chembur Churchgate, Mumbai-400071. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecp7030J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri .N.K. Bhuta Revenue By: Mr.Ujjawal Chavhan, Sr Ar Date Of Hearing: 29/09/2022 Date Of Pronouncement: 09/11/2022 आदेश / O R D E R Per: Aby T.Varkey, Jm:

For Appellant: Shri .N.K. BhutaFor Respondent: Mr.Ujjawal Chavhan, Sr AR
Section 133(6)

from these two parties which he has noted at page 4 of his order and then the AO described the modus-operandi of the accommodation entry operators and thereafter he found that the purchases made by assessee from the aforesaid two parties were bogus and therefore he added the entire ... above decisions, taking in to account the totality of the facts, it will be reasonable to estimate the profit embedded in the accommodation entries of bogus purchases @ 25 % of the purchase amount. As it is an estimate of the profit embedded in purchase, it cannot be subject to any adjustment

ITO 28 )(2)(3), Navi Mumbai vs. M/S N G Group, Navi Mumbai

In the result, the appeal of the learned Assessing Officer is dismissed and the appeal of the assessee is partly allowed

ITA 6748/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Nov 2022AY 2011-12

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am M/S Ng Group Ito, 28(2)(3) Plot No.8, Sector 11, Opp R. No. 310, 3 Rd Floor, Juinagar Rly Station, Vashi Rly Station Complex, Vs. Vashi Navi Mumbai Sanpada, Mumbai-400 703 Navi Mumbai–400 709 (Respondent) (Appellant) Pan No. Aaffn9159E M/S Ng Group Ito, 28(2)(3) Plot No.8, Sector 11, Opp R. No. 310, 3 Rd Floor, Juinagar Rly Station, Vashi Rly Station Complex, Vs. Sanpada, Vashi Navi Mumbai Mumbai-400 703 Navi Mumbai–400 709 (Respondent) (Appellant) Pan No. Aaffn9159E Assessee By : Ms. Nishita Mandalaywala, Ar Revenue By : Dr. Mahesh Akhade, Cit Dr Date Of Hearing: 04.08.2022 Date Of Pronouncement: 01.11.2022

For Appellant: Ms. Nishita Mandalaywala, ARFor Respondent: Dr. Mahesh Akhade, CIT DR
Section 36(1)(ii)Section 41(1)Section 68

addition made by the Assessing Officer on account bogus purchases without appreciating the fact that parties from whom these purchases were made proven accommodation entry providers, as concluded by Sales Tax Authorities pursuant to the investigation carried out by them"? ITA nos.6748 & 6589/Mum/2019 N.G. Group; A.Y. 11–12 (8) Whether ... stated that the enquiry conducted by the investigation Wing at Kolkata shows that this company is a paper company used for providing accommodation entry. Accordingly, the addition was confirmed. We find that assessee has submitted the ledger account of the above party, confirmation, its bank statement, response to notice under