← All Phrases

“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

M/S. Miravelle Tradecomm Private Limited, Kolkata vs. ITO, Ward 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1946/KOL/2025[2018-2019]Status: DisposedITAT Kolkata31 Dec 2025AY 2018-2019

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 1946/Kol/2025 Assessment Year: 2018-2019 M/S. Mirabelle Tradecomm Pvt. Limited,.……Appellant 85, Netaji Subhas Road, 3Rd Floor, Kolkata-700001 [Pan:Aabcm7418A] -Vs.- Income Tax Officer,…………………………..…..Respondent Ward-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S. Jhajharia, A.R., Appeared On Behalf Of The Assessee Shri Kallol Mistry, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 09, 2025 Date Of Pronouncing The Order: December 31, 2025 O R D E R

Section 115BSection 148Section 148ASection 68

should not be treated as bogus as the alleged transaction was made with a company which had no financial rationale and involved in providing accommodation entry. In response thereto, the assessee submitted partial information before the ld. Assessing Officer and ld. Assessing Officer did not accept the same and held ... that the department had identified the above noted party as one of the shell companies involved in providing bogus accommodation entries to various concerns through layering and the party had not responded to the departmental enquiry. While passing the order, the ld. Assessing Officer concluded that the case

Dy. Commissioner of Income Tax, Central Circle-3, Delhi vs. Apoorva Leasing Finance and Investment Company Ltd., Delhi

In the result, the appeal is partly allowed

ITA 635/DEL/2025[2011-12]Status: DisposedITAT Delhi31 Dec 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarassessment Year : 2011-12 Dcit, Vs. Apoorva Leasing Finance & Central Circle-3, Investment Company Ltd., Delhi. Third Floor, 13/331, Geeta Colony, Delhi – 110 031. Pan: Aabca0282A Co No.179/Del/2025 (Ita No.635/Del/2025) Assessment Year : 2011-12 Apoorva Leasing Finance & Vs. Dcit, Investment Company Ltd., Circle-3(1), Third Floor, 13/331, New Delhi. Geeta Colony, Delhi – 110 031. Pan: Aabca0282A (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Somil Agarwal, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 30.10.2025 Date Of Pronouncement : 31.12.2025 Order Per Vimal Kumar, Jm:

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Shri Om Parkash, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 153CSection 250

A.Y.2011-22 despite the fact that there are adequate evidence as elaborated in the assessment order that the assessee was indulged in the activity of accommodation entry being undertaken during the 4tY.2011-22. 4. The appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground ... evidence whatsoever has been brought on record by Ld AO to even remotely suggest that the said transactions are in the nature of accommodation entries except surmises and conjectures. Further, Hon’ble NCLT also held assessee to be a genuine entity by passing a speaking order and dismissing the petition

Shagun Goel, Delhi vs. CIT(A), Delhi

In the result, appeal of the assessee is allowed for statistical purpose

ITA 7142/DEL/2025[2018-19]Status: DisposedITAT Delhi29 Dec 2025AY 2018-19

Bench: Shri Vikas Awasthyआअसं.7142/धिल्ली/2025 (नि.व. 2018-19) Shagun Goel, Flat No. 373, Sangam Apartments, West Enclave, Pitampura, Delhi 110034 ...... अपीलार्थी/Appellant Pan: Aeupg-7813-B बिाम Vs. Commissioner Of Income Tax (Appeals), R. No. 380A Cr Building, Ip Estate, New Delhi 110002 ..... प्रनिवादी/Respondent अपीलार्थी द्वारा/Appellant By : None प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 15.10.2025, For Assessment Year 2018-19. 2. A Perusal Of The Assessment Order Shows That The Assessment In The Case Of Assessee For Ay 2018-19 Was Reopened On The Basis Of Information Received, That The Assessee Has Made Bogus Purchases To The Tune Of Rs.81,95,949/- From The Alleged Shell Entity M/S. Balaji Trading Company. The Assessee Is Engaged In Trading Of Ferrous & Non-Ferrous Metals. During The Course Of Assessment Proceedings

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 147Section 250(6)Section 69C

assessee for non-prosecution. 3. Shri Manoj Kumar representing the department vehemently supporting the impugned order submitted that the assessee has indulged in obtaining accommodation entry from bogus supplier. The AO after examining the documents furnished by the assessee made addition of 25% of the bogus purchases. Since, the assessee