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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

Ultra Portfolio Management Pvt. Ltd., New Delhi vs. DCIT, Circle-27(1), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 8908/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Feb 2022AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Ultra Portfolio Management Pvt. Ltd., Vs Dcit, H-2, Top Floor, Suneja Chamber, Circle-27(1), Alaknanda Commercial Complex, New Delhi. New Delhi. Pan: Aaacu0117D (Appellant) (Respondent) Assessee By : Shri S.C. Verma, Ca Revenue By : Shri Sanjiv Mahajan, Sr. Dr Date Of Hearing : 27.01.2022 Date Of Pronouncement : 10.02.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th September, 2019 Of The Cit(A)-9, New Delhi, Relating To Assessment Year 2011-12. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Filed Its Return Of Income On 30Th September, 2011 Declaring A Loss Of Rs.3,06,078/-. The Return Was Processed U/S 143(1) On 10.01.2018 At The Returned Income. Subsequently, On The Basis Of Information Received From The Dcit, Central Circle (2), Mumbai Dated 5Th February, 2016 Wherein It Was Informed That Shri Shirish C. Shah, Who Happened To Be The Main Person Engaged In Providing Bogus Accommodation Entries Through The Companies Directly/Indirectly Controlled By Him & The Assessee Company Has Received Accommodation Entry Of Rs.25 Lakhs From M/S Dhanus Technologies Ltd., The Case Of The Assessee Was Reopened By Recording Reasons And, Accordingly, Notice U/S 148 Of The Act Was Issued To The Assessee.

For Appellant: Shri S.C. Verma, CAFor Respondent: Shri Sanjiv Mahajan, Sr. DR
Section 133(6)Section 143(1)Section 147Section 148Section 151Section 68

dated 5th February, 2016 wherein it was informed that Shri Shirish C. Shah, who happened to be the main person engaged in providing bogus accommodation entries through the companies directly/indirectly controlled by him and the assessee company has received accommodation entry of Rs.25 lakhs from M/s Dhanus Technologies ... Dhanus Technologies Ltd., which was returned back unserved. He, therefore, asked the assessee to explain as to why the accommodation entry of Rs.25 lakhs may not be treated as income from undisclosed sources and added u/s 68 of the IT Act. The assessee, vide submission dated 14th December, 2018, challenged

Dy CIT - 32(1), Mumbai vs. Naresh Traders & Suresh Traders (Joint Venture), Mumbai

In the result the grounds of appeal raised by the assessee is allowed

ITA 448/MUM/2021[2009-10]Status: DisposedITAT Mumbai31 Jan 2022AY 2009-10

Bench: Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 448/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) Dcit-32(1) बिधम/ Naresh Traders & Suresh Room No.702, 7Th Floor, Traders (Joint Venture) Vs. Kautilya Bhavan, Bandra 39A, Ganjawala Apt., Svp Kurla Complex, Bandra (E), Road, Borivali (W), Mumbai-400051. Mumbai-400092. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaan4364R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anant N. Pai Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/12/2021 घोषणा की तारीख /Date Of Pronouncement: 31/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 11.02.2020 Passed By The Commissioner Of Income Tax (Appeals) -44, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Revenue Has Raised The Following Grounds: - “1. “Whether On The Facts & In The Circumstances Of The Case, The Ld. Cit (A) Has Erred In Deleting The Penalty Levied By The Ao U/S.271(1)(C) Of The It. Act, 1961, Of Rs.27,00,000/- Without Appreciating The Fact That The Assessing Officer Has Correctly Held That A.Y.2009-10 The Assessee Bas Failed To Substantiate The Transactions Claimed In Its Return Of Income Thereby Evaded Taxes To That Extent.”

For Appellant: Shri Anant N. PaiFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 143(3)Section 271(1)(c)Section 69C

reopened on the basis of information received from the DGIT(Inv.), Mumbai in which it was conveyed that the assessee has taken the accommodation entry of purchase to the tune of Rs.6,47,85,831/- from the parties who were declared as suspicious by the Sales Tax Department. Thereafter