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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

M/S.Vibgyor Texotech Private Limited, Mumbai vs. ACIT-8(3)(2), Mumbai

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

ITA 487/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 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

JCIT OSD-CC-7(4), Mumbai vs. Shalimar Houseing Finance Ltd, Mumbai

In the result, both the appeals filed by the revenue are dismissed

ITA 4112/MUM/2019[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhita Nos. 4112 & 4083/Mum/2019 (A.Ys: 2014-15 & 2015-16) Jcit (Osd)-Cc-7(4) Vs. M/S. Shalimar Housing Room No. 659, Aaykar & Finance Ltd., Bhavan, Mk Road, 505, Shalimar Morya Mumbai – 400020. Park, Andheri (W), Mumbai – 400053 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs6732N Appellant .. Respondent Appellant By : Shri. B.K.Bagchi.Dr Respondent By : Shri.Vijay Mehta.Ar Date Of Hearing 06.04.2022 Date Of Pronouncement 25.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-49, Mumbai, Passed U/S 143(3) & 250 Of The Act.

For Appellant: Shri. B.K.Bagchi.DRFor Respondent: Shri.Vijay Mehta.AR
Section 143(2)Section 143(3)Section 68

account of unexplained cash credit u/s 68 of the Act, which the assessee obtained from dubious companies providing accommodation entries and having no justified financials for lending such money. 2. Whether on the facts and circumstances of the case and in law the CIT(A) was justified in deleting ... lacs and 27 lacs respectively. (ii) The contention of the A. 0. that the lender companies are shell companies engaged in business of providing accommodation entries of loans and share capital is absolutely baseless. This is merely an allegation and no findings or basis have been spelt