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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 Super Industries, New Delhi vs. ITO, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2472/DEL/2016[2006-07]Status: DisposedITAT Delhi26 Mar 2021AY 2006-07

Bench: Shri R.K. Pandaassessment Year: 2006-07 Super Industries, Vs Ito, Prop. S. Jagjit Singh, Ward-33(3), L/H Shri Joginder Singh, New Delhi. N.7, Gali No.9, Anand Parbat Industrial Area, New Delhi. Pan: Aasps8033M (Appellant) (Respondent) Assessee By : Shri Ramesh Goyal, Ca Revenue By : Ms Ranu Mukherjee, Sr. Dr Date Of Hearing : 17.03.2021 Date Of Pronouncement : 26.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15Th September, 2015 Of The Cit(A)-17, New Delhi, Relating To Assessment Year 2006- 07. 2. This Appeal Was Earlier Dismissed By The Tribunal For Non-Appearance. Subsequently, The Tribunal, Vide Ma No.118/Del/2017, Order Dated 16Th February, 2018, Recalled Its Earlier Order. Hence, This Is A Recalled Matter. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & The Proprietor Of M/S Super Industries. It Filed Its Return Of Income On 27Th October, 2006 Declaring The Total Income At Rs.1,89,640/-. Subsequently, The Case Of The Assessee Was Reopened On The Basis Of Information Obtained That The Assessee Indulged In Bogus Purchases/Accommodation Entries Provided By Shri Rakesh Gupta, Shri Vishesh Gupta, Shri Navneet & Shri Vaibhav Jain. Accordingly, The Case Of The Assessee Was Reopened After Recording Reasons As Per The Provisions Of Section 147 Of The Act. Notice U/S 148 Dated 28Th March, 2013 Was Issued & Served Upon The Assessee. The Ao, Thereafter, Issued Statutory Notices. Rejecting The Various Explanations Given By The Assessee & Observing That The Assessee Has Made Bogus Purchase Of Rs.13,03,692/- From Shree Bankey Bihari Trading Co. & Shree Shyam Trading Co., Which Are Owned By The Persons Named Earlier, Made Addition Of Rs.13,03,692/- U/S 69C Of The It Act.

For Appellant: Shri Ramesh Goyal, CAFor Respondent: Ms Ranu Mukherjee, Sr. DR
Section 147Section 148Section 69C

have simply concluded that it was evident that the assessee company has introduced its own unaccounted money in its bank by way of accommodation entries. The basic jurisdictional requirement was application of mind by the Assessing Officer to the material produced before issuing the notice for reassessment. Without analysing ... financial year 2002-03 as stated in the annexure. According to the information, the amount received from a company, S, was nothing but an accommodation entry and the assessee was the beneficiary. The reasons did not satisfy the requirements of section 147 of the Act. There was no reference

M/S. Kalinga Conduits Electricables (P) Ltd., New Delhi vs. Pr. CIT- 9, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 3287/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Mar 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Kalinga Conduits Electricables (P) Vs Pr. Cit-9, Ltd., New Delhi. 81/41, Punjabi Bagh West, New Delhi. Pan : Aacck5784H (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate; Shri Rajiv Sabharwal, Ca; & Shri Lalit Mohan, Ca. Revenue By : Mrs. Aashna Paul, Cit-Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : 24.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd March, 2017 Passed U/S 263 Of The It Act, 1961 By The Pcit, New Delhi, Relating To The Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 30Th September, 2010 Declaring An Income Of Rs.5,940/-. The Said Return Was Processed U/S 143(1) Of The Act. Subsequently, The Cit-Ii, New Delhi, Vide His Letter No. File 148/2012-13/2817 Dated 15Th March, 2013, Forwarded The Letter Of Investigation Ii, Delhi, Vide F. No.Dit (Inv.)-Ii/U/S 148/2012-13/197 Dated 12Th March, 2013 Giving Information About An Accommodation Entry Of Rs.40 Lakhs Received By The Assessee From M/S Victory Software Pvt. Ltd., Zenith Automotive Pvt. Ltd. & Humtum Marketing Pvt. Ltd. Based On The Above, The Ao Issued Notice U/S 148 After Recording The Reasons.

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Mrs. Aashna Paul, CIT-DR
Section 143(1)Section 143(2)Section 147Section 148Section 263

15th March, 2013, forwarded the letter of Investigation II, Delhi, vide F. No.DIT (Inv.)-II/u/s 148/2012-13/197 dated 12th March, 2013 giving information about an accommodation entry of Rs.40 lakhs received by the assessee from M/s Victory Software Pvt. Ltd., Zenith Automotive Pvt. Ltd. and Humtum Marketing Pvt. Ltd. Based ... erroneous and prejudicial to the interest of the Revenue. According to the AO, the enquiries of the Investigation Wing, Delhi have unearthed huge accommodation entry racket being operated by accommodation entry operator Jain brothers by way of more than 100 companies/firms, etc. The Investigation Wing has compiled a report