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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

Dy CIT, Mumbai vs. Innergize Solution P. Ltd., Mumbai

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

ITA 1818/MUM/2020[2012-13]Status: DisposedITAT Mumbai07 Jul 2022AY 2012-13

Bench: Shri Amit Shukla, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 1818/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2012-13) Dcit Circle –6(3)(1), M/S Innergize R. No. 506, 5Th Floor, Aayakar Solution Pvt. Ltd. बिधम/ Bhavan, M. K. Road, 33, Vaibhav, Cadell Vs. Mumbai-400 020 Road, Mahim, Mumbai-400 016 स्थायीलेखासं./जीआइआरसं./Pan No. Aabci5086L (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Nihar Samal, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri P. P. Bhandari, Ld. Ar सुनवाईकीतारीख/ : 07.07.2022 Date Of Hearing घोषणाकीतारीख / : 07.07.2022 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 28.08.2020, Passed By Ld. Cit(A)-12, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S.

For Appellant: Shri Nihar Samal, LdFor Respondent: Shri P. P. Bhandari, Ld
Section 133ASection 143(3)Section 35(1)(ii)

without appreciating the fact that the Institute School of Human Genetics and Population Health (SHG&PH)were engaged in providing bogus accommodation entries of donation" 3. "On the facts and in the circumstances of the case and in law, Ld.CIT(A) has erred in deleting the disallowance ... ignoring that the information on account of bogus accommodation entries of donation received from the external agency that the assessee had received accommodation entry of donation from such party." 4. Though the tax effect in this case is Rs. 13,51,875/- however this appeal has been filed because

DCIT CC 3(2), Mumbai vs. M/S. Varad Vinayak Textiles P. Ltd., Mumbai

In the result, the present appeal is allowed

ITA 998/MUM/2020[2011-12]Status: DisposedITAT Mumbai29 Jun 2022AY 2011-12

Bench: Shri Prashant Maharishi & Pavan Kumar Gadaledcit, Cc-3(2) Vs. M/S. Varad Vinayak Central Range – 3 Textiles P Ltd., Room No. 1913, Air 605, Business Classic, India Bldg, Nariman Chincholi Bunder Rd., Point, Mumbai – Malad (W) 400021. Mumbai – 400064. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccv1777G Appellant .. Respondent Appellant By : Shri. Achal Sharma. Cit Dr Respondent By : None Date Of Hearing 25.05.2022 Date Of Pronouncement 30.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-51, Mumbai Passed U/S 143(3) R.W.S 153A & 250 Of The Income Tax Act, 1961. The Revenue Has Raised The Following Grounds Of Appeal.

For Appellant: Shri. Achal Sharma. CIT DRFor Respondent: None
Section 143(1)Section 143(2)Section 143(3)Section 153ASection 69

Rinku Patodia has admitted in his statement recorded during the course of search proceedings that the assessee group is involved in providing bogus accommodation entries and the assessee concern has been used as a conduit for layering/routing the introduction of unaccounted funds." 2. On perusal of the facts, the appeal ... Assessing Officer erred in making an estimated addition of Rs.9,50,000/- on account of alleged estimated commission @ 2.5 % for obtaining the alleged accommodation entry. As per the facts of case, Ld. AO has asked for various details relating to parties to whom shares have been issued by the appellant

ACIT Circle-3(1)(2), Mumbai vs. M/S Chemicon Engineering Consultant Pvt Ltd., Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 833/MUM/2020[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

received monies, out of which they had subscribed to the share capital of the assessee, were paper companies engaged in the business of providing accommodation entries. The general yardstick adopted by the Ld. CIT(A) across all the twelve (12) shareholders mentioned in Column (C) above was that, the source ... A.Ys.2013-14 Chemicon Engineering CIT(A) only made generalized observations regarding the alleged modus operandi based on which certain unscrupulous persons were providing accommodation entries. Inviting our attention to Para 3.2.21 to 3.2.25 of the impugned appellate order, he showed us that the averments made

Chemicon Engineering Consultant Pvt Ltd., Mumbai vs. Asst CIT Circle- 3 (1)(2), Mumbai

In the result, the appeal of the Revenue stands dismissed and the appeal of the assessee is allowed

ITA 7907/MUM/2019[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.7907/Mum/2019 (निर्धारण वर्ा / Assessment Year:2013-14) Chemicon Engineering बिधम/ Acit, Circle 3(1)(2) Consultant Pvt. Ltd. Room No.607, Aayakar Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Sakhar Bhawan, Nariman Road, Mumbai-400020. Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No. 833/Mum/2020 (निर्धारण वर्ा / Assessment Year:2013-14) Acit, Circle 3(1)(2) बिधम/ Chemicon Engineering Room No.607, Aayakar Consultant Pvt. Ltd. Vs. 21 & 22, 2Nd Floor, 230, Bhawan, Maharshi Karve Road, Mumbai-400020. Sakhar Bhawan, Nariman Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2686H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri H. N. Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 11/05/2022 घोषणा की तारीख /Date Of Pronouncement: 17/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee & Revenue Respectively Against The Order Of The Ld. Cit(A)-08, Mumbai Dated 29.11.2019 For The A.Y.2013-14. 2. The Grounds Raised By The Both The Parties Are As Follows: Assessee Grounds: - 1. For That On The Facts & Circumstances Of The Case The Orders Passed By The Assessing Officer U/S 143(3) Of The Act, 1961 (The “Act”) & A.Ys.2013-14 Chemicon Engineering That By The Cit(A) U/S 250 Of The Act So Far It Relates To In Confirming Of The Additions To The Extent Of A) Rs. 6,22,05,000/- Received From Certain Companies Out Of Total Rs. 13,13,50,000/- In Respect Of Shares Allotted Against Share Application Money;

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri H. N. Singh (DR)
Section 143(3)Section 250Section 68

received monies, out of which they had subscribed to the share capital of the assessee, were paper companies engaged in the business of providing accommodation entries. The general yardstick adopted by the Ld. CIT(A) across all the twelve (12) shareholders mentioned in Column (C) above was that, the source ... A.Ys.2013-14 Chemicon Engineering CIT(A) only made generalized observations regarding the alleged modus operandi based on which certain unscrupulous persons were providing accommodation entries. Inviting our attention to Para 3.2.21 to 3.2.25 of the impugned appellate order, he showed us that the averments made