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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

Kamla Ankur Venture, Mumbai vs. DCIT(3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1282/MUM/2019[2010-11]Status: DisposedITAT Mumbai30 Aug 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/I.T.A. Nos.1280 To 1286/Mum/2019 (निर्धारणवर्ा / Assessment Years:2008-09 To 2014-15) Kamla Ankur Venture बिधम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaifk4902H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुनवाईकीतारीख / Date Of Hearing: 15/07/2022 घोषणाकीतारीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 24.12.2018 For A.Y. 2008-09 To Ay. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 132(4)Section 143(2)Section 143(3)Section 153A

Group, Shri Jitendra Jain was confronted with the statements recorded of various persons who were purportedly engaged in the business of providing accommodation entries in the form of unsecured loans in lieu of cash, to which Shri Jitendra Jain in his statement recorded ... loans creditors from whom the Kamla Group has taken unsecured loans, to which Shri Jain admitted in his statement that these parties were providing accommodation entries. The AO taking note of the statement recorded u/s 132(4) of the Act, came to the conclusion that the assessee had adopted

Kamla Ankur Venture, Mumbai vs. DCIT(3)(4), Central Circle, Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1281/MUM/2019[2009-10]Status: DisposedITAT Mumbai30 Aug 2022AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/I.T.A. Nos.1280 To 1286/Mum/2019 (निर्धारणवर्ा / Assessment Years:2008-09 To 2014-15) Kamla Ankur Venture बिधम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaifk4902H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुनवाईकीतारीख / Date Of Hearing: 15/07/2022 घोषणाकीतारीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 24.12.2018 For A.Y. 2008-09 To Ay. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 132(4)Section 143(2)Section 143(3)Section 153A

Group, Shri Jitendra Jain was confronted with the statements recorded of various persons who were purportedly engaged in the business of providing accommodation entries in the form of unsecured loans in lieu of cash, to which Shri Jitendra Jain in his statement recorded ... loans creditors from whom the Kamla Group has taken unsecured loans, to which Shri Jain admitted in his statement that these parties were providing accommodation entries. The AO taking note of the statement recorded u/s 132(4) of the Act, came to the conclusion that the assessee had adopted

Kamla Ankur, Mumbai vs. DCIT(3)(4), Mumbai

In the result, the appeals of the assessee for AYs 2008-09,

ITA 1280/MUM/2019[2008-09]Status: DisposedITAT Mumbai30 Aug 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकरअपीलसं/I.T.A. Nos.1280 To 1286/Mum/2019 (निर्धारणवर्ा / Assessment Years:2008-09 To 2014-15) Kamla Ankur Venture बिधम/ Dcit, Central Circle-3(4) Ground Floor, Shanti Vimal, P. 19Th Floor, Air India Vs. M. Road, Vile Parle East, Building, Nariman Point, Mumbai-400021. Mumbai-400057. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaifk4902H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Rashmikant Modi Ms. Ketki Rajeshirke Revenue By: Shri Vinay Sinha (Dr) सुनवाईकीतारीख / Date Of Hearing: 15/07/2022 घोषणाकीतारीख /Date Of Pronouncement: 30/08/2022 आदेश / O R D E R Per Bench These Appeals Preferred By The Assessee Are Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals)-51, Mumbai [Hereinafter In Short “Ld. Cit(A)”] Dated 24.12.2018 For A.Y. 2008-09 To Ay. 2014-15. Since Issues Involved Are Common, All The Appeals For All The Assessment Year/Years (Hereinafter Referred To As “Ay”) Were Heard Together. Both The Parties Also Argued Them Together Raising Similar Arguments On These Issues. Accordingly, For The Sake Of Convenience & Brevity, We Dispose All The Appeals By This Consolidated Order.

For Appellant: Shri Rashmikant ModiFor Respondent: Shri Vinay Sinha (DR)
Section 132(4)Section 143(2)Section 143(3)Section 153A

Group, Shri Jitendra Jain was confronted with the statements recorded of various persons who were purportedly engaged in the business of providing accommodation entries in the form of unsecured loans in lieu of cash, to which Shri Jitendra Jain in his statement recorded ... loans creditors from whom the Kamla Group has taken unsecured loans, to which Shri Jain admitted in his statement that these parties were providing accommodation entries. The AO taking note of the statement recorded u/s 132(4) of the Act, came to the conclusion that the assessee had adopted

Nilesh M. Agarwal, Mumbai vs. DCIT - CC-4(3), Mumbai

Accordingly, the assessee’s appeal for AY 2011-12, 2013-14 and 2014-15 is allowed for statistical purposes

ITA 5110/MUM/2018[2008-09]Status: DisposedITAT Mumbai30 Aug 2022AY 2008-09

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am 1. आयकरअपीलसं./ I.T.A. No. 5110/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2008-09) 2. आयकरअपीलसं./ I.T.A. No. 5111/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2009-10) 3. आयकरअपीलसं./ I.T.A. No. 5112/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2010-11) 4. आयकरअपीलसं./ I.T.A. No. 5113/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2011-12) 5. आयकरअपीलसं./ I.T.A. No. 5114/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2012-13) 6. आयकरअपीलसं./ I.T.A. No. 5115/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2013-14) 7. आयकरअपीलसं./ I.T.A. No. 5116/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2014-15)

For Appellant: Shri Tejveer Singh/ ShriFor Respondent: Dr. Mahesh Akhade, Ld. DR
Section 132Section 139Section 143(2)Section 143(3)Section 153A

search action u/s 132 was carried out on Satish Saraf Group on 01.10.2013 based on certain information that the group entities were providing accommodation entries to the various clients as stated in the impugned assessment order. The search action unearthed a web of accommodation entry activities through paper companies / concerns ... Bhuwania. Statements of key persons as well as the employees of the group were also recorded on oath wherein they have admitted to providing accommodation entries to various beneficiaries through paper 4 I.T.A. No. 5110/Mum/2018 & Others Shri Nilesh M. Agrawal concerns in the nature bogus capital gains, bogus loans, bogus

ACIT Cir 20(1), Mumbai vs. Shailesh Navinchandra Shah, Mumbai

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

ITA 2383/MUM/2021[2011-12]Status: DisposedITAT Mumbai29 Aug 2022AY 2011-12

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 2383/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2011-12) Acit Cir-20(1), Shailesh R. No. 615, 6Th Floor, Navinchandra Shah, बिधम/ Piramal Chambers, Parel, 6-321, Ravikiran, 1St Mumbai-400 012 Floor, Deodhar Road, Vs. Matunga Cr Mumbai-400019 स्थायीलेखासं./जीआइआरसं./Pan No. Aayps6030Q (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Ms. Neeta Jeph, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Viraj Mehta,Ld. Ar सुनवाईकीतारीख/ : 29.08.2022 Date Of Hearing घोषणाकीतारीख / : 29.08.2022 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 29.10.2021, Passed By National Faceless Appeal Centre, Delhi For The Quantum Of Assessment Passed U/S 143(3) For Ay 2011-12. The Revenue Has Raised The Following Grounds:-

For Appellant: Ms. Neeta Jeph, Ld. DRFor Respondent: Shri Viraj Mehta,Ld. AR
Section 143(3)

purchase ignoring the fact that the Sales Tax Department has proved beyond doubt that the parties declared as hawala traders were involved in providing accommodation entry of purchases and the assessee was one of the beneficiary of accepting accommodation for the purchase." 2. "Whether on the facts

DCIT CC3(2), Mumbai vs. M/S. Angarika Multitrading P. Ltd., Mumbai

In the result, all the appeals filed b

ITA 999/MUM/2020[2012-13]Status: DisposedITAT Mumbai26 Aug 2022AY 2012-13

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 Attractive Exports Pvt. Ltd., Room No. 1913, Air India 36, 2Nd Floor, 67 Bhuleshwar Tank Building, Nariman Point, Vs. Building, Mumbai-400021. Mumbai-400064. Pan No. Aahca 3901 C Appellant Respondent Assessment Year: 2011-12 & Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 Alankit Exports Pvt. Ltd., Room No. 1913, Air India 36, 2Nd Floor, 67 Bhuleshwar Tank Building, Nariman Point, Vs. Building, Mumbai-400021. Mumbai-400064. Pan No. Aahca 3902 B Appellant Respondent Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 M/S Angarika Multitrading P. Ltd., Room No. 1913, Air India Shop No. 4, Tapovan View Chs Ltd., Building, Nariman Point, Vs. Pathan Wadi, Malad (E)

For Appellant: NoneFor Respondent: Ms. Shailaja Rai, CIT-DR
Section 69C

entry is 69C without considering the fact that the said entry is 69C without considering the fact that the said entry is merely an accommodation entry and the assessee was a merely an accommodation entry and the assessee was a merely an accommodation entry and the assessee was a conduit ... Patodia (Dummy Director) controlled by Shri Rinku Patodia (Dummy Director), used for the purpose of lowering/routing lowering/routing/introducing the unaccounted funds unaccounted funds by taking accommodation entries from concerns of Shri Pravin by taking accommodation entries from concerns of Shri Pravin by taking accommodation entries from concerns of Shri Pravin Kumar

DCIT CC 3(2), Mumbai vs. Alankit Exports Pvt Ltd., Mumbai

In the result, all the appeals filed b

ITA 2117/MUM/2019[2012-13]Status: DisposedITAT Mumbai26 Aug 2022AY 2012-13

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 Attractive Exports Pvt. Ltd., Room No. 1913, Air India 36, 2Nd Floor, 67 Bhuleshwar Tank Building, Nariman Point, Vs. Building, Mumbai-400021. Mumbai-400064. Pan No. Aahca 3901 C Appellant Respondent Assessment Year: 2011-12 & Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 Alankit Exports Pvt. Ltd., Room No. 1913, Air India 36, 2Nd Floor, 67 Bhuleshwar Tank Building, Nariman Point, Vs. Building, Mumbai-400021. Mumbai-400064. Pan No. Aahca 3902 B Appellant Respondent Assessment Year: 2012-13 Dcit-Cc-3(2), Central Range-3 M/S Angarika Multitrading P. Ltd., Room No. 1913, Air India Shop No. 4, Tapovan View Chs Ltd., Building, Nariman Point, Vs. Pathan Wadi, Malad (E)

For Appellant: NoneFor Respondent: Ms. Shailaja Rai, CIT-DR
Section 69C

entry is 69C without considering the fact that the said entry is 69C without considering the fact that the said entry is merely an accommodation entry and the assessee was a merely an accommodation entry and the assessee was a merely an accommodation entry and the assessee was a conduit ... Patodia (Dummy Director) controlled by Shri Rinku Patodia (Dummy Director), used for the purpose of lowering/routing lowering/routing/introducing the unaccounted funds unaccounted funds by taking accommodation entries from concerns of Shri Pravin by taking accommodation entries from concerns of Shri Pravin by taking accommodation entries from concerns of Shri Pravin Kumar