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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

ACIT 28 (2), Mumbai vs. Milind V. Deshmukh, Mumbai

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

ITA 6938/MUM/2019[2009-10]Status: DisposedITAT Mumbai12 Sept 2022AY 2009-10

Bench: Shri Amit Shukla, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 6938/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2009-10) Milind V. Deshmukh Acit- 28(2), Plot No. R-478, Ttc Room No.307, 3Rd Floor, बिधम/ Industrial Area, Midc Rabale, Tower No.6, Vashi Railway Vs. Navi Mumbai- 400 701 Station Complex, Vashi, Navi Mumbai-400703. स्थायीलेखासं./जीआइआरसं./ Pan No. Aewpd2450D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Chetan M. Kacha, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Aditya Ramchandran, Ld. Ar सुनवाईकीतारीख/ : 12.09.2022 Date Of Hearing घोषणाकीतारीख / : 12.09.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 30.08.2019, Passed By Ld. Cit(A)-26, Mumbai In Relation To Penalty Levied U/S 271(1)(C) For Ay 2009- 2010. The Revenue Has Taken The Following Grounds Of Appeal:-

For Appellant: Shri Chetan M. Kacha, Ld. DRFor Respondent: Shri Aditya Ramchandran
Section 271Section 271(1)(c)Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JM & SHRI S RIFAUR RAHMAN, AM आयकरअपीलसं

Ratn & Co., Mumbai vs. ITO -19(3) (1), Mumbai

In the result, appeal filed by the assessee partly allowed

ITA 1981/MUM/2021[2012-13]Status: DisposedITAT Mumbai08 Sept 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalratan & Co. 5 – Navyug Sagar, Teen Batti, Walkeshwar, Mumbai-400006. Pan: Aadfr3713J ...... Appellant Vs. Ito-19(3)(1) Matru Mandir, Mumbai-400007. ..... Respondent Appellant By : Mr. Suchek Anchaliya Respondent By : None Date Of Hearing : 16/06/2022 Date Of Pronouncement : 08/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As [‘Nfac’] Dated 11.09.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law The Ld. Cit (A) Erred In Not Considering That The Assumption Of Jurisdiction By The Ld. Assessing

For Appellant: Mr. Suchek AnchaliyaFor Respondent: None
Section 142(1)Section 143(2)Section 147Section 148Section 250

erred in confirming the addition of entire purchases amounting to Rs. 5,30,530/- by treating the genuine purchases as accommodation entries. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in confirming the addition made by Ld. Assessing Officer ... case of Shri Bhanwarlal Jain and their Group Concerns. During the course search/survey action, it was revealed that these group concerns were merely providing accommodation entries through various benami concerns operated and managed by them. It was also found that these concerns are indulged into fraudulent transactions of issuing accommodation/hawala