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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, Delhi vs. Sephan Lubricants Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 7255/DEL/2025[2020-21]Status: DisposedITAT Delhi16 Dec 2025AY 2020-21

Bench: Shri Vikas Awasthyआअसं.7255/धिल्ली/2025 (नि.व. 2020-21) Deputy Commissioner Of Income Tax, ...... अपीलार्थी/Appellant 348, Ara Centre, E2, Jhandewalan, New Delhi 110055 बिाम Vs. Sephan Lubricants P. Ltd., M-10, Sec-5, Bawana Industrial Area, New Delhi ...... प्रनिवादी/Respondent Pan: Aaocs-1829-E अपीलार्थी द्वारा/Appellant By : Shri Manoj Kumar, Sr. Dr प्रधििािीद्वारा/Respondent By : Shri Ankit Kumar, Advocate सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, Delhi [In Short ‘The Cit(A)’] Dated 18.07.2025, For The Assessment Year 2020-21. 2. The Appeal Is Time Barred By 12 Days. The Revenue Has Filed An Application Citing Reasons Causing Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Petition Which Appears To Be Bonafide. Thus, Delay Of 12 Days In Filing Of Appeal Is Condoned & Appeal Is Admitted For Decision On Merits.

For Appellant: Shri Manoj Kumar, Sr. DRFor Respondent: Shri Ankit Kumar, Advocate
Section 132Section 147Section 68Section 69C

Shri Himanshu Verma. Reassessment proceedings were initiated u/s. 147 of the Act against the assessee on the premise that the assessee has taken accommodation entry from above entry providers. The Assessing Officer (AO) alleged that the assessee has taken accommodation entry in the form of unsecured loan amounting to Rs.45 ... vehemently supported the assessment order. He submitted that the CIT(A) failed to appreciate that Shri Himanshu Verma and Shri Deepak Agarwal are established accommodation entry operators. The accommodation entry was provided by said operators to the assessee through shell company having no real business activity. 4. Shri Ankit Kumar

Bhamiraben Prashantkumar Patel, Anand vs. The Income Tax Officer, Ward-1, Anand

In the result, the appeal of the assessee stands allowed

ITA 654/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad15 Dec 2025AY 2017-18

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.654/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Bhamiraben Prashantkumar Patel The Income Tax Officer बनाम/ 14, Vaividhya Bungalows Ward-1 V/S. Dr. H.M. Patel Anand – 388 001 Anand Vallabh Vidhyanagar Road, Anand – 388 001 (Gujarat) "थायी लेखा सं./Pan: Azcpp 7413 M (अपीलाथ(/ Appellant) ()* यथ(/ Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Rajeev Garg, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2025 घोषणा की तारीख /Date Of Pronouncement: 15/12/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Rajeev Garg, Sr.DR
Section 147Section 250Section 69A

submitted that even there was no allegation that the broker of the assessee was indulged in providing or arranging any type of accommodation entries in the shape of LTCGs. He has further submitted that there was nothing on the record that the assessee was indulged in any type of rigging ... price of shares or had obtained any accommodation entry from any person involved in rigging of share price. The Ld. AR of the assessee has also submitted that the reopening of the assessment, in this case, was bad in law as the AO had reopened the assessment merely

ITO, Ward 21(1), New Delhi vs. Ruptex Mineral Water Private Limited, New Delhi

In the result, the appeal of the Revenue is dismissed and the cross objections filed by the assessee is partly allowed

ITA 3074/DEL/2025[2018-19]Status: DisposedITAT Delhi10 Dec 2025AY 2018-19

Bench: Shris.Rifaur Rahman & Shri Vimal Kumarito, Ward 21 (1), Vs. Ruptex Mineral Water Pvt. Ltd., New Delhi. K.No.799/1, Village Burari, Jagatpur, P.O. Jagarpur, Delhi – 110 084. (Pan :Aabcr0261Q) Co No.211/Del/2025 (In Ita No.3074/Del/2025) (Assessment Year: 2018-19) Ruptex Mineral Water Pvt. Ltd., Vs, Ito, Ward 21 (1), K.No.799/1, Village Burari, New Delhi. Jagatpur, P.O. Jagarpur, Delhi – 110 084. (Pan :Aabcr0261Q) (Appellant) (Respondent) Assessee By :Shri Mayank Patwari, Advocate Shri Akash Ojha, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 06.11.2025 Date Of Order : 10.12.2025 Order Per S. Rifaur Rahman:

For Appellant: Shri Mayank Patwari, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 148ASection 69A

proceedings, it was alleged that there were two main persons, namely, Smt Rani Sharma and Shri Yash Pal Gupta, who were involved in providing accommodation entries of sale & purchase bills to various beneficiaries from many paper entities deposited in the bank accounts of these entities. AO observed that the assessee ... received accommodation entries of Rs.1,92,000/-, Rs.79,33,500/- and Rs.48,17,500/- from M/s. Rabik Exports Ltd., M/s. S.K. Agencies and Unique Enterprises respectively, the bogus entities and proprietorship concerns controlled by Shri Yashpal Gupta and Smt. Rani Sharma. 3 CO No.211/Del/2025 3. The order under section 148A