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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

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 7162/MUM/2019[2015-16]Status: DisposedITAT Mumbai27 Jul 2022AY 2015-16

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

Sarvesh Mercantile P.Ltd, Mumbai vs. DCIT 2(4), 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 4634/MUM/2018[2014-15]Status: DisposedITAT Mumbai27 Jul 2022AY 2014-15

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

Ramniwas Choyal, Surat vs. ACIT CC -1(3), Mumbai

In the result, appeals of the assessees are allowed

ITA 360/MUM/2022[2015-16]Status: DisposedITAT Mumbai26 Jul 2022AY 2015-16

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Mahalaxmi Gems Pvt. Ltd., V. Acit – Cc – 1(3) 316, Pancharatna Pratishtha Bhavan Opera House, Mumbai -400004 Mumbai - 400020 Pan: Aabcm8875H (Appellant) (Respondent) Shri Mahavir M. Jain V. Acit – Cc – 1(3) 11, Shakti Chamber M.K. Road, Churchgate Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Ahnpj4936G (Appellant) (Respondent) Ramniwas Choyal V. Acit – Cc – 1(3) 11, Shakti Chamber Pratishtha Bhavan Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Aknpc1507H (Appellant) (Respondent)

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri B.K. Bagchi
Section 132(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 153A

addition of ₹.9,61,353/- on account of alleged undisclosed commission income in the hands of the assessee on protective basis, for providing accommodation entries in the form of purchases and loans on behalf of Shri Bhanwarlal Jain and the same income was assessed in the hands of Shri Bhanwarlal ... Income tax department, Mumbai that assessee is one of the concern controlled and managed by Shri Bhanwarlal Jain who used this concern for providing accommodation entries of purchase / sale of diamonds, unsecured loans and advances etc. The ld. AO reopened the assessment by way of issue of notice

Mahavir M. Jain, Mumbai vs. ACIT CC -1(3), Mumbai

In the result, appeals of the assessees are allowed

ITA 352/MUM/2022[2015-16]Status: DisposedITAT Mumbai26 Jul 2022AY 2015-16

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Mahalaxmi Gems Pvt. Ltd., V. Acit – Cc – 1(3) 316, Pancharatna Pratishtha Bhavan Opera House, Mumbai -400004 Mumbai - 400020 Pan: Aabcm8875H (Appellant) (Respondent) Shri Mahavir M. Jain V. Acit – Cc – 1(3) 11, Shakti Chamber M.K. Road, Churchgate Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Ahnpj4936G (Appellant) (Respondent) Ramniwas Choyal V. Acit – Cc – 1(3) 11, Shakti Chamber Pratishtha Bhavan Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Aknpc1507H (Appellant) (Respondent)

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri B.K. Bagchi
Section 132(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 153A

addition of ₹.9,61,353/- on account of alleged undisclosed commission income in the hands of the assessee on protective basis, for providing accommodation entries in the form of purchases and loans on behalf of Shri Bhanwarlal Jain and the same income was assessed in the hands of Shri Bhanwarlal ... Income tax department, Mumbai that assessee is one of the concern controlled and managed by Shri Bhanwarlal Jain who used this concern for providing accommodation entries of purchase / sale of diamonds, unsecured loans and advances etc. The ld. AO reopened the assessment by way of issue of notice

Mahalaxmi Gems Pvt. Ltd., Mumbai vs. ACIT- CC-1(3), Mumbai

In the result, appeals of the assessees are allowed

ITA 329/MUM/2022[2015-16]Status: DisposedITAT Mumbai26 Jul 2022AY 2015-16

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Mahalaxmi Gems Pvt. Ltd., V. Acit – Cc – 1(3) 316, Pancharatna Pratishtha Bhavan Opera House, Mumbai -400004 Mumbai - 400020 Pan: Aabcm8875H (Appellant) (Respondent) Shri Mahavir M. Jain V. Acit – Cc – 1(3) 11, Shakti Chamber M.K. Road, Churchgate Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Ahnpj4936G (Appellant) (Respondent) Ramniwas Choyal V. Acit – Cc – 1(3) 11, Shakti Chamber Pratishtha Bhavan Rughnathpura Main Road Mumbai - 400020 Surat, Gujarat-395003 Pan: Aknpc1507H (Appellant) (Respondent)

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri B.K. Bagchi
Section 132(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 153A

addition of ₹.9,61,353/- on account of alleged undisclosed commission income in the hands of the assessee on protective basis, for providing accommodation entries in the form of purchases and loans on behalf of Shri Bhanwarlal Jain and the same income was assessed in the hands of Shri Bhanwarlal ... Income tax department, Mumbai that assessee is one of the concern controlled and managed by Shri Bhanwarlal Jain who used this concern for providing accommodation entries of purchase / sale of diamonds, unsecured loans and advances etc. The ld. AO reopened the assessment by way of issue of notice

DCIT-CC3(2), Mumbai vs. Vishnu Textile Trade P Ltd, Mumbai

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

ITA 2120/MUM/2019[2011-12]Status: DisposedITAT Mumbai26 Jul 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm The Dy. Commissioner Of Income Vishnu Textile Trade P. Ltd. Tax, Central Circle 3(2) A-21, Dhiraj Apatment, Room No. 1913, Air India Building, Poddar Road, Malad (E), Vs. Nariman Point, Mumbai-400 064 Mumbai-400 021 (Respondent) (Appellant) Pan No. Aabck6554H Varad Vinayak Textiles Pvt. The Dy. Commissioner Of Income Ltd. Tax, Central Circle 3(2) Mezanine Office No.2 Room No. 1913, Air India Building, Sujata Chambers, Vs. Nariman Point, Narshi Natha Street, Mumbai-400 021 Mumbai-400 064 (Respondent) (Appellant) Pan No. Aaccv1777G Assessee By : None Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 19.07.2022 Date Of Pronouncement : 26.07.2022

For Appellant: NoneFor Respondent: Shri Manoj Kumar, CIT DR
Section 132(4)Section 153ASection 69C

account of unaccounted commission u/s 69C without considering the fact that the said entry is merely an accommodation entry and the assessee was a conduit for introducing unaccounted funds which has been proved beyond doubt. 2. On the facts and circumstances of the case ... that assessee is a paper company as per statement of Mr. Rinku Patodia, who has promoted many paper companies for providing various account of accommodation entries. The statement of Mr. Rinku Patodia was obtained on 12th August, 2014 under Section 132(4) of the Income

DCIT- CC -3(2), Mumbai vs. Varad Vinayak Textiles Pvt. Ltd., Mumbai

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

ITA 1877/MUM/2019[2012-13]Status: DisposedITAT Mumbai26 Jul 2022AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm The Dy. Commissioner Of Income Vishnu Textile Trade P. Ltd. Tax, Central Circle 3(2) A-21, Dhiraj Apatment, Room No. 1913, Air India Building, Poddar Road, Malad (E), Vs. Nariman Point, Mumbai-400 064 Mumbai-400 021 (Respondent) (Appellant) Pan No. Aabck6554H Varad Vinayak Textiles Pvt. The Dy. Commissioner Of Income Ltd. Tax, Central Circle 3(2) Mezanine Office No.2 Room No. 1913, Air India Building, Sujata Chambers, Vs. Nariman Point, Narshi Natha Street, Mumbai-400 021 Mumbai-400 064 (Respondent) (Appellant) Pan No. Aaccv1777G Assessee By : None Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 19.07.2022 Date Of Pronouncement : 26.07.2022

For Appellant: NoneFor Respondent: Shri Manoj Kumar, CIT DR
Section 132(4)Section 153ASection 69C

account of unaccounted commission u/s 69C without considering the fact that the said entry is merely an accommodation entry and the assessee was a conduit for introducing unaccounted funds which has been proved beyond doubt. 2. On the facts and circumstances of the case ... that assessee is a paper company as per statement of Mr. Rinku Patodia, who has promoted many paper companies for providing various account of accommodation entries. The statement of Mr. Rinku Patodia was obtained on 12th August, 2014 under Section 132(4) of the Income