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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

Rrc International Freight Services Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 1(3)(1), Mumbai

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

ITA 4758/MUM/2017[2010-11]Status: DisposedITAT Mumbai31 May 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4758/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2010-11) M/S. Rrc International बिधम/ Acit Circle-1(3)(1) Freight Services Ltd. 5Th Floor, Aayakar Vs. Great Social Building, 2Nd Bhavan, M. K. Road, Floor, 60, Sir P.M. Road Mumbai-400020. Fort, Mumbai-400001. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccr3533J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri M. P. Ahuja (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 23/05/2022 घोषणा की तारीख /Date Of Pronouncement: 31/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-03, Mumbai Dated 19.04.2017 For The Assessment Year 2010-11. 2. None- Appeared For The Assessee Despite Notices Being Served Upon It & The Mater Being Listed Nineteens (19) Times Before & The Matter Is Pending From 2017 Onwards & No Adjournment Application Has Been Brought To Our Notice, So We Are Inclined To Decide The Appeal Ex-Parte Qua Assessee. 3. The First Ground Of Appeal Of The Assessee Is Against The Action Of The Ld. Cit(A) In Upholding The Reopening Of The Assessment U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Holding It As Valid In Law Thereby Dismissing The Legal Issue Raised By Assessee Challenging Its Validity.

For Appellant: NoneFor Respondent: Shri M. P. Ahuja (Sr. AR)
Section 115JSection 133(6)Section 143(3)Section 147Section 148

accounts in the name of various entities. In the statement recorded u / s 131 of the Act Shri Rana has admitted to have provided accommodation entries to various persons. From the bank accounts operated by the entry provider, Satish Rana, it has been found that one of the beneficiary ... International Freight Services Ltd.. bills is RRC International Freight Services Ltd having PAN No. AACCR3533J. The details of accommodation entries obtained by RRC International Freight Services Ltd is as under:- Name of the Name of the entity Bank account of PAN of the Period beneficiary/bank to which payment

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

In the result, the appeals filed by the revenue are hereby

ITA 1879/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 May 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C

during the relevant year M/s First Winner Textiles (India) P Ltd., M/s. Bhagwat Textiles P. Ltd. & M/s. Starwood Exports P. Ltd. and have obtained accommodation entry of the share application money of Rs. 3,75,00,000/- which has been routed through our assessee, who was found ... carrying out any business activity and was used as a conduit for introducing the unaccounted funds by way of accommodation entries from concerns of Pravin Kumar Jain, an entry operator. A notice u/s. 153A of the Act was issued on 06.05.2015 and was duly served on the assessee. After

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

In the result, the appeals filed by the revenue are hereby

ITA 1878/MUM/2019[2011-12]Status: DisposedITAT Mumbai27 May 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 1878 & 1879/Mum/2019 (निर्धारण वर्ा / Assessment Years:2011-12 & 2012-13) Dcit-Cc 3(2) बिधम/ Chintamani Textiles Pvt. Ltd. Room No.1913, Air India Mezanine Office No.2, Sujata Vs. Building, Nariman Point, Chambers, Narshi Natha Mumbai-400021. Street, Mumbai-400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc744Od (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri H. N. Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 10/05/2022 घोषणा की तारीख /Date Of Pronouncement: 27/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Appeals Are Against The Order Of The Ld. Cit(A)-51, Mumbai Dated 29.01.2019 For A.Y. 2011-12 & For A.Y.2012-13. 2. None Appeared For The Assessee Despite Notices. The Ld. Cit Dr Has Brought To Our Notice Reports Submitted By Ao On The Lis, Which According To Us Will Be Sufficient To Dispose Of Both The Appeals Of Revenue. 3. For A.Y.2011-12, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.3,35,00,000/- On The Issue Of Unaccounted Investment & Rs.9,30,500/- On The Issue Of Unaccounted Commission U/S 69C Of The Act & For A.Y.2012-13, The Revenue Is Aggrieved By The Action Of The Ld. Cit(A) Deleting The Protective Addition Of Rs.6,88,00,000/- On The Issue Of Unaccounted

For Appellant: NoneFor Respondent: Shri H. N. Singh (DR)
Section 132Section 132(4)Section 143(1)Section 143(3)Section 153ASection 68Section 69C

during the relevant year M/s First Winner Textiles (India) P Ltd., M/s. Bhagwat Textiles P. Ltd. & M/s. Starwood Exports P. Ltd. and have obtained accommodation entry of the share application money of Rs. 3,75,00,000/- which has been routed through our assessee, who was found ... carrying out any business activity and was used as a conduit for introducing the unaccounted funds by way of accommodation entries from concerns of Pravin Kumar Jain, an entry operator. A notice u/s. 153A of the Act was issued on 06.05.2015 and was duly served on the assessee. After

ITO - 6(2)(1), Mumbai vs. M/S Chanvim Engineering Pvt. Ltd, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 3594/MUM/2019[2013-14]Status: DisposedITAT Mumbai20 May 2022AY 2013-14

Bench: Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No. 3594/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2013-14) Ito-6(2)(1) बिधम/ M/S. Chanvim Enginering (I) 5Th Floor, Room No.513, Pvt. Ltd. Vs. Aayakar Bhavan, M. K. 3, Nanji Bldg, A.D. Marg, Road, Mumbai-400020. Sewree, Mumbai-400012. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc4729P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri M. Subramanian Revenue By: Shri R.A. Dhyani सुनवाई की तारीख / Date Of Hearing: 09/05/2022 घोषणा की तारीख /Date Of Pronouncement: 20/05/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)- 12, Mumbai Dated 25.02.2019 For Assessment Year 2013-14. 2. The Main Grievance Of The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition Made By The Ao U/S 68 Of The Act Of Rs.2,01,00,000/- (Accommodation Entry Of Loan) & Deleting The Addition Of Rs.4,02,000/- U/S 69C Of The Act (Commission). 3. The Brief Facts Of The Case Are That The Assessee Filed The Return Of Income Declaring Total Income Of Rs.28,43,280/-. The Ao Notes That The A.Y.2013-14 Chanvim Engg. (I) Pvt. Ltd. Assessee Is Engaged In The Activity Of Manufacturing Aluminium Roll Bond Evaporator Panel & Assessee Has Shown The Income From Profit & Gains From Business & Profession. The Case Was Selected For Scrutiny. According To The Ao, He Received An Information From The Office Of Investigation Wing, Mumbai That The Assessee Has Availed The Accommodation Entry From Bhanwarlal Jain Group Who Gives Accommodation Entry.

For Appellant: Shri M. SubramanianFor Respondent: Shri R.A. Dhyani
Section 271(1)(c)Section 68Section 69C

action of the Ld. CIT(A) deleting the addition made by the AO u/s 68 of the Act of Rs.2,01,00,000/- (accommodation entry of loan) and deleting the addition of Rs.4,02,000/- u/s 69C of the Act (Commission). 3. The brief facts of the case are that ... selected for scrutiny. According to the AO, he received an information from the office of Investigation Wing, Mumbai that the assessee has availed the accommodation entry from Bhanwarlal Jain Group who gives accommodation entry. 4. According to the AO the information from the Investigation Wing was that there

ACIT CC 22 & 30, Mumbai vs. Murarilal Mittal, Mumbai

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

ITA 6808/MUM/2014[2006-07]Status: DisposedITAT Mumbai18 May 2022AY 2006-07

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 6808/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2006-07) Acit Cc –22, Shri Murarilal Mittal, R. No. 404, 4Th Floor, 1601, Marathon बिधम/ Aayakar Bhavan, Heights, P. B. Marg Mumbai-400 020 Jaibharat Oil Mill, Vs. Lower Parel(W), Mumbai-400 013 स्थायीलेखासं./जीआइआरसं./Pan No. Ahnpm8021D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Murli Mohan, Ld. Dr By प्रत्यथीकीओरसे/Respondent : Shri Rajiv Khandelwal, Ld. Ar By सुनवाईकीतारीख/ : 18.05.2022 Date Of Hearing घोषणाकीतारीख / : 18.05.2022 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 24.08.2014 Passed By Ld. Cit(A)-39, Mumbai For The Quantum Appeal Of Assessment Passed U/S 143(3) R.W.S

For Appellant: Shri Murli MohanFor Respondent: Shri Rajiv
Section 132Section 139(1)Section 143(1)Section 143(3)Section 153ASection 68

sale of shares, etc. Ld. AO noted that department was in possession of information that Mahasagar Securities Pvt. Ltd. was indulged in providing accommodation entries to various parties and the said fact has duly been acknowledged by said party in statement given to Income-Tax department. On the basis ... making the addition is the information stated to be in the possession of the Department that Mahanagar Securities Pvt. Ltd. was indulging in providing accommodation entry to various parties. It is submitted that the said information has been mechanically applied in the hands of. the. appellant without independent application

Income Tax Officer 8(3)(3), Mumbai vs. M/S.Vibgyor Texotech Private Limited, Mumbai

In the result, the appeal of the assessee is partly allowed, whereas appeal of the Revenue is allowed

ITA 1484/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri Amarjit Singh () & Shri Om Prakash Kant () Assessment Year: 2009-10 Income Tax Officer-8(3)(3), M/S Vibgyor Texotech Pvt. Ltd., Room No. 616, 6Th Floor, Aayakar 309, Navyug, T.J. Road, Sewree, Bhavan, M.K. Road, Vs. Mumbai-400015. Mumbai-400020. Pan No. Aaccv 0752 D Appellant Respondent Assessment Year: 2009-10 M/S Vibgyor Texotech Pvt. Ltd., The Asst. Commissioner Of 309, Navyug, T.J. Road, Sewree, Income Tax-8(3)(2), Mumbai-400015. Vs. Mumbai. Pan No. Aaccv 0752 D Appellant Respondent

For Appellant: Mr. Pavan Ved, ARFor Respondent: Mr. Achal Sharma, CIT-DR/
Section 10ASection 143(2)Section 143(3)Section 144Section 148Section 264ASection 40

facts is required. 4. Briefly stated facts of the case are that the Assessing Officer received information that the assessee is a beneficiary of accommodation entries during the financial year 2008-09 through the concerns managed by ‘Shri Praveen Kumar Jain’. The assessing officer after recording reasons to believe that ... fixed asset of Rs.2,50,19,760/- being written off were also made. The Assessing Officer made addition of Rs.80,45,300/- against accommodation entry received i.e. basis on the which assessment was reopened. In this manner, the Assessing Officer made total addition of Rs.28,31,12,447/-. On further