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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

Remy Diamonds Private Limited, Mumbai vs. Principal Commissioner of Income Tax - 5, Mumbai

In the result, the appeals filed by the assessee are allowed for statistical purpose

ITA 3900/MUM/2018[2010-11]Status: DisposedITAT Mumbai21 Oct 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 3898 To 3900/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ The Principal Commissioner Gw-1060, G- Block, Bharat Of Income Tax-5 Vs. Diamond Bourse, Mumbai Aayakar Bhavan, M. K. Kurla Complex, Bandra (E), Road, Mumbai-400051 Mumbai-400051. आयकर अपील सं/ I.T.A. Nos. 5481 To 5483/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ Dcit, Circle-5(3)(1) Gw-1060, G- Block, Bharat Room No.573, Aayakar Vs. Diamond Bourse, Mumbai Bhavan, M. K. Road, Kurla Complex, Bandra (E), Mumbai-400020. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcr2195R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hiren Vepari Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/09/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Bench:

For Appellant: Shri Hiren VepariFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 132Section 147Section 263

against the Shri Bhanwarlal Jain Group on 03.10.2013, it was discovered that Shri Bhanwarlal Jain Group was engaged in the business of providing accommodation entries by giving bogus bills relating to sale/purchases and bogus loans/advances to beneficiaries in lieu of commission. 6. According to the AO, it was found that ... seventy (70) benami concerns were managed and controlled by Shri Bhanwarlal Jain Group which were used as conduits for providing accommodation entry of loans and advances and bogus purchases/sales. According to the AO, the assessee had transacted with Shri Bhanwarlal Jain Group controlled two entities (i) M/s. Mohit Enterprises

Remy Diamonds Private Limited, Mumbai vs. Principal Commissioner of Income Tax - 5, Mumbai

In the result, the appeals filed by the assessee are allowed for statistical purpose

ITA 3899/MUM/2018[2009-10]Status: DisposedITAT Mumbai21 Oct 2022AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 3898 To 3900/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ The Principal Commissioner Gw-1060, G- Block, Bharat Of Income Tax-5 Vs. Diamond Bourse, Mumbai Aayakar Bhavan, M. K. Kurla Complex, Bandra (E), Road, Mumbai-400051 Mumbai-400051. आयकर अपील सं/ I.T.A. Nos. 5481 To 5483/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ Dcit, Circle-5(3)(1) Gw-1060, G- Block, Bharat Room No.573, Aayakar Vs. Diamond Bourse, Mumbai Bhavan, M. K. Road, Kurla Complex, Bandra (E), Mumbai-400020. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcr2195R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hiren Vepari Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/09/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Bench:

For Appellant: Shri Hiren VepariFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 132Section 147Section 263

against the Shri Bhanwarlal Jain Group on 03.10.2013, it was discovered that Shri Bhanwarlal Jain Group was engaged in the business of providing accommodation entries by giving bogus bills relating to sale/purchases and bogus loans/advances to beneficiaries in lieu of commission. 6. According to the AO, it was found that ... seventy (70) benami concerns were managed and controlled by Shri Bhanwarlal Jain Group which were used as conduits for providing accommodation entry of loans and advances and bogus purchases/sales. According to the AO, the assessee had transacted with Shri Bhanwarlal Jain Group controlled two entities (i) M/s. Mohit Enterprises

Remy Diamonds Private Limited, Mumbai vs. Principal Commissioner of Income Tax - 5, Mumbai

In the result, the appeals filed by the assessee are allowed for statistical purpose

ITA 3898/MUM/2018[2008-09]Status: DisposedITAT Mumbai21 Oct 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 3898 To 3900/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ The Principal Commissioner Gw-1060, G- Block, Bharat Of Income Tax-5 Vs. Diamond Bourse, Mumbai Aayakar Bhavan, M. K. Kurla Complex, Bandra (E), Road, Mumbai-400051 Mumbai-400051. आयकर अपील सं/ I.T.A. Nos. 5481 To 5483/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2008-09 To 2010-11) Remy Diamonds Pvt. Ltd. बिधम/ Dcit, Circle-5(3)(1) Gw-1060, G- Block, Bharat Room No.573, Aayakar Vs. Diamond Bourse, Mumbai Bhavan, M. K. Road, Kurla Complex, Bandra (E), Mumbai-400020. Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcr2195R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Hiren Vepari Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/09/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Bench:

For Appellant: Shri Hiren VepariFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 132Section 147Section 263

against the Shri Bhanwarlal Jain Group on 03.10.2013, it was discovered that Shri Bhanwarlal Jain Group was engaged in the business of providing accommodation entries by giving bogus bills relating to sale/purchases and bogus loans/advances to beneficiaries in lieu of commission. 6. According to the AO, it was found that ... seventy (70) benami concerns were managed and controlled by Shri Bhanwarlal Jain Group which were used as conduits for providing accommodation entry of loans and advances and bogus purchases/sales. According to the AO, the assessee had transacted with Shri Bhanwarlal Jain Group controlled two entities (i) M/s. Mohit Enterprises

DCIT 13(1)(2), Mumbai vs. Pebble Bay Developers P.Ltd, Mumbai

In the result, appeal of the In the result, appeal of the Revenue is allowed for statistical purposes, is allowed for statistical purposes, whereas the application of the assessee under rule 27 is ...

ITA 5744/MUM/2017[2008-09]Status: DisposedITAT Mumbai21 Oct 2022AY 2008-09

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2008-09 Dy. Commissioner Of Income- M/S Pebble Bay Developers Tax-13(1)(2), Pvt. Ltd., 2Nd Floor, Room No. 218, Vs. Raheja Chambers, Linking Aayakar Bhavan, M.K. Road, Road, Main Avenue Santacruz Mumbai-400020. (West), Mumbai-400054. Pan No. Aaccg 1645 E Appellant Respondent Revenue By : Ms. Vranda Matkari, Dr Assessee By : Mr. Nishit Gandhi, Ar Date Of Hearing : 26/08/2022 Date Of Pronouncement : 21/10/2022

For Appellant: Mr. Nishit Gandhi, ARFor Respondent: Ms. Vranda Matkari, DR
Section 143(1)Section 148Section 69C

table of Assessing Officer to be reasons in law, at all. A bare perusal of the table of alleged accommodation en alleged accommodation entries included in the reasons as recorded, tries included in the reasons as recorded, discloses that the same entries have been repeated six times. This is discloses ... basis of information from investigation wing stating that the Assessee is a beneficiary of accommodation e Assessee is a beneficiary of accommodation entry and that the same were ntry and that the same were recorded without any application of mind whatsoever). recorded without any application of mind whatsoever). Held

Manmohan Didwania, Mumbai vs. ITO 30(2)(4), Mumbai

In the result, appeal filed by the assessee is fully disallowed

ITA 4495/MUM/2019[2013-14]Status: DisposedITAT Mumbai10 Oct 2022AY 2013-14

Bench: Shri Aby T Varkey & Shri Gagan Goyalmanmohan Didwania M/S Hanuman Trading Corporation, 1-B-5 Rahul Chs, Marve Road, Malad (W), Mumbai-400064. Pan: Aaepd1249E ...... Appellant Vs. Ito- 30(2)(4), Room No. 609, C-13, Bandra Kurla Compex, Bandra (East), Mumbai-400051. ..... Respondent Appellant By : None Respondent By : Sh. Chetan M. Kacha, Sr. Dr Date Of Hearing : 18/07/2022 Date Of Pronouncement : 10/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-41, Mumbai [Hereinafter Referred To As [‘Cit(A)’] Dated 26.04.2019 Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2013-14. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Sh. Chetan M. Kacha, Sr. DR
Section 131Section 132Section 133(6)Section 143(3)Section 148Section 37Section 68

unsecured loans from M/s Rajat Diamond Exim Pvt Ltd, this party M/s Rajat Diamond Exim Pvt Ltd as per dept data base was an accommodation entry provider without doing any actual business. 3 ITA No. 4495 Mum 2019-Manmohan Didwania Based on this information assessees case was reopen ... statement that the so called supplier of diamonds, Shri Dharmendra Kumar Babel Proprietor of M/s. Rajat Diamond Pvt. Ltd. is only involved in giving accommodation entries to those who approach him for the purpose of obtaining such bogus entries by issuing bogus sale bills and unsecured loans. It is observed