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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

DCIT-CC3(2), Mumbai vs. Alankit Exports Pvt. Ltd., Mumbai

In the result, all the appeals filed b

ITA 2116/MUM/2019[2011-12]Status: DisposedITAT Mumbai26 Aug 2022AY 2011-12

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. Attractive Exports Pvt. Ltd., Mumbai

In the result, all the appeals filed b

ITA 2115/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

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

In the result, all the appeals filed b

ITA 2114/MUM/2019[2011-12]Status: DisposedITAT Mumbai26 Aug 2022AY 2011-12

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

Dlh Kamla Developers, Mumbai vs. DCIT CC- 3(4), Mumbai

ITA 1373/MUM/2019[2013-14]Status: DisposedITAT Mumbai22 Aug 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 1373 & 1374/Mum/2019 (ननधधारणवर्ा / Assessment Year: 2013-14 & 2014-15) Dcit Cen. Cir. -3(4), Dlh Kamla Developers 19Th Floor, Air India Ground Floor, Shanti बनाम/ Vimal, P. M. Road, Vile Building, Nariman Point, Vs. Parle East, Mumbai-400 021 Mumbai-400 057 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aahfd0790K (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri T. Shankar, Ld. Dr सुनवधईकीतधरीख/ : 22.08.2022 Date Of Hearing घोर्णधकीतधरीख / : 22.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeals Have Been Filed By The Assessee Against The Separate Impugned Order Of Even Date 24.12.2018, Passed By Ld. Cit(A)-51, Mumbai For The Quantum Of Assessment Passed U/S 143(3)/153A For Ay 2013-14 & Section 143(3) For Ay 2014-15. 2

For Appellant: NoneFor Respondent: Shri T. Shankar, Ld. DR
Section 131Section 132Section 132(4)Section 143(3)Section 153ASection 68

Shri Jitendra Jain admitted, that during the years relevant to AYs 2007-08 to 2014-15, the entities of Assessee Group have availed of accommodation entries in the form of unsecured loans / advances from concerns controlled by various entry operators including Shri Pravin Jain, Shri Yogendra Raj Singhvi, Shri Nemichand ... Kush Gems P Ltd., (ii) Paradise Gems P Ltd and (iii) Dishita Gems P Ltd. from whom also the assessee had availed of accommodation entries in the form of unsecured loans /advances. However, in respect of 5 other concerns of entry operators, namely, (i) Suprabh Exports, (ii) Dolsun Jewels

DCIT-CC-7(3), Mumbai vs. Shri Majni Karamshi Patel, Mumbai

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

ITA 6128/MUM/2019[2014-15]Status: DisposedITAT Mumbai10 Aug 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyal, Accountat Member Dcit, Cc-7(3) Vs. Shri Manji Karamshi Room No. 655, Patel Aayakar Bhavan, Office No. 1, Patel M.K.Road, Bhavan-29, Vijaywadi, Mumbai.-400020. Dr. Nagindas N Shah Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent Co No. 45/Mum/2021 (A.Y: 2014-15) Shri Manji Karamshi Vs. Dcit, Cc-7(3) Patel Room No. 655, Aayakar Office No. 1, Patel Bhavan, Bhuvan-29, Vijaywadi, M.K .Road, Dr. Nagindas N Shah Mumbai-400002. Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent

For Appellant: Shri.Rushab Mehta.ARFor Respondent: Shri .T .Shankar.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 68

without appreciating the fact that the assessee received as unsecured loan from those entities, who were providing accommodation entries. 2. "On the fact and circumstances of the case, the Learned CIT(A) has erred in deleting the addition of interest expenditure ... Kamdhenu / Green Valley group and the Assessing Officer (A.O) has received information from DGIT (Inv),Mumbai that the assessee is a beneficiary of the accommodation entries provided by these companies. Hence the A.O. has reason to believe that the income has escaped assessment and after recording for reopening

Sarvesh Mercantile Pvt. Ltd., Mumbai vs. DCIT, CC -2(1), Mumbai

In the result, the three appeals filed by the assessee are In the result, the three appeals filed by the assessee are allowed partly for statistical allowed partly for statistical purposes

ITA 7163/MUM/2019[2013-14]Status: DisposedITAT Mumbai27 Jul 2022AY 2013-14

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2014-15 M/S Sarvesh Mercantile Pvt. Ltd., Dy. Cit Central Circle-2(4), 2Nd Floor, Johari Mansion, 259, Mumbai. Kalbadevi Road, Vs. Mumbai-400 002. Pan No. Aaics 1651 C Appellant Respondent Assessment Year: 2013-14 & Assessment Year: 2015-16 Sarvesh Mercantile Pvt. Ltd., Dcit Cc-2(1), 2Nd Floor, Johri Mansion, 259, 9Th Floor, New Pratiksha Bhavan, Kalbadevi Road, Kalbadevi, Vs. M.K. Road, Mumbai-400 002. Mumbai-400020. Pan No. Aaics 1651 C Appellant Respondent

For Appellant: NoneFor Respondent: Mrs. Neelam Shukla, CIT-DR
Section 68

giving any physical delivery of goods were without taking or giving any physical delivery of goods or services. He further stated that such accommodation entries were rvices. He further stated that such accommodation entries were rvices. He further stated that such accommodation entries were also provided to M/s Mirah Group ... Firstly, the addition was made for earning commission income Firstly, the addition was made for earning commission income of ₹68,94,265/- from providing accommodation entries, which was from providing accommodation entries, which was from providing accommodation entries, which was estimated at the rate of the 5% on sales recorded