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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

DCIT, New Delhi vs. M/S Daffodil Buildcon Pvt. Ltd., Agra

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

ITA 2927/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Mar 2021AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 Daffodil Buildcon Pvt. Ltd., Vs Dcit, 303, 3Rd Floor, Global Foyer, Circle-7(1), Golf Course Road, Sector-43, Cr Building, Ip Estate, Gurgaon. New Delhi. Pan: Aaccd4642C Assessment Year: 2012-13 Dcit, Vs. Daffodil Buildcon Pvt. Ltd., 303, 3Rd Floor, Global Foyer, Circle-7(1), Cr Building, Ip Estate, Golf Course Road, Sector-43, New Delhi Gurgaon. Pan: Aaccd4642C (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate Revenue By : Shri Jagdish Singh, Sr. Dr Date Of Hearing : 09.02.2021 Date Of Pronouncement : 17.03.2021 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is Filed By The Revenue & Are Directed Against The Order Dated 9Th

For Appellant: Shri Sudesh Garg, AdvocateFor Respondent: Shri Jagdish Singh, Sr. DR
Section 68

such companies. According to the AO, raising of share capital through charging of unrealistic and unjustified share premium is a key ingredient of accommodation entry operations. He further noted from the copies of their bank statements furnished that majority of debit/credit entries of identical or equal amounts appears ... assessee. It is also his objection that receipt of share capital through charging of unrealistic and unjustified share premium is a key ingredient of accommodation entry operations. We find, the ld.CIT(A) deleted the addition, the reasons of which have already been reproduced in the preceding paragraphs

M/S. Daffodil Buildcon Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

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

ITA 2422/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Mar 2021AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 Daffodil Buildcon Pvt. Ltd., Vs Dcit, 303, 3Rd Floor, Global Foyer, Circle-7(1), Golf Course Road, Sector-43, Cr Building, Ip Estate, Gurgaon. New Delhi. Pan: Aaccd4642C Assessment Year: 2012-13 Dcit, Vs. Daffodil Buildcon Pvt. Ltd., 303, 3Rd Floor, Global Foyer, Circle-7(1), Cr Building, Ip Estate, Golf Course Road, Sector-43, New Delhi Gurgaon. Pan: Aaccd4642C (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate Revenue By : Shri Jagdish Singh, Sr. Dr Date Of Hearing : 09.02.2021 Date Of Pronouncement : 17.03.2021 Order Per R.K. Panda, Am: These Are Cross Appeals. The First One Is Filed By The Assessee & The Second One Is Filed By The Revenue & Are Directed Against The Order Dated 9Th

For Appellant: Shri Sudesh Garg, AdvocateFor Respondent: Shri Jagdish Singh, Sr. DR
Section 68

such companies. According to the AO, raising of share capital through charging of unrealistic and unjustified share premium is a key ingredient of accommodation entry operations. He further noted from the copies of their bank statements furnished that majority of debit/credit entries of identical or equal amounts appears ... assessee. It is also his objection that receipt of share capital through charging of unrealistic and unjustified share premium is a key ingredient of accommodation entry operations. We find, the ld.CIT(A) deleted the addition, the reasons of which have already been reproduced in the preceding paragraphs