← All Phrases

“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

Income Tax Officer, I P Estate vs. Bansal Insulation Products Pvt Ltd., Okhla Delhi

In the result, appeal of the Revenue is partly allowed as

ITA 2892/DEL/2024[2013-14]Status: DisposedITAT Delhi30 Sept 2025AY 2013-14

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.2892/Del/2024 िनधा"रणवष"/Assessment Year: 2013-14 Income Tax Officer, Vs. Bansal Insulation Products P. Ltd. C.R. Building, C-54/3, Okhla Industrial Area, I.P. Estate, Delhi. Phase-Ii, Delhi. Pan No.Aaacb5035F अपीलाथ" Appellant ""यथ"/Respondent & Co No.79/Del/2024 (Arising Out Of Ita No.2892/Del/2024) िनधा"रणवष"/Assessment Year: 2013-14 बनाम Bansal Insulation Products P. Ltd. Income Tax Officer, C-54/3, Okhla Industrial Area, Vs. C.R. Building, Phase-Ii, Delhi. I.P. Estate, Delhi. Pan No.Aaacb5035F अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 148Section 148ASection 68

Rs.83115448/- made by the AO on account of assessee’s own fund invested towards the share capital/share application money/share premium are nothing but accommodation entry from the non descript entities considering the document submitted such as VAT returns, production summary, purchase summary of new material etc. by appellant before ... circumstances of this case, the Ld. CIT(A) erred in deleting the addition of Rs.16,62,309/- made by the AO on account of accommodation entry assessee incurred for obtaining expenditure at the rate of 2% as commission paid to entry operator considering addition as a result of accommodation entry

S.N. Malhotra & Sons, New Delhi vs. DCIT Central Circle-30, Delhi

ITA 834/DEL/2025[2020-21]Status: DisposedITAT Delhi29 Sept 2025AY 2020-21

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 832/Del/2025 : Asstt. Year : 2018-19 Ita No. 833/Del/2025 : Asstt. Year : 2019-20 Ita No. 834/Del/2025 : Asstt. Year : 2020-21 M/S S. N. Malhotra & Sons, Vs Dcit, 760, Ramesh Nagar, Central Circle-30, New Delhi-110015 New Delhi110055 (Appellant) (Respondent) Pan No. Aabfs6724N Assessee By : Sh. Dhani Ram Anthwal, Adv. & Sh. Rakesh, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 29.09.2025 Date Of Pronouncement: 29.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 832, 833 & 834/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071341134(1), 1071341700(1) & 1071341990(1) All Dated 18.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Dhani Ram Anthwal, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 132Section 153C

Income Tax Act, 1961 (‘Act’) carried, on 26.10.2020, on Sanjay Jain & Mehta Group of cases revealed that the assessee had taken accommodation entries of Rs.43,16,444/- in the garb of purchases during the relevant year. Hence, the Assessing Officer (‘AO’), with detailed reasoning mentioned in the assessment order disallowed ... under: - “8. The evidence, including statements of Sanjay Jain and Nikhil Sachar, and the seized Tally data, unequivocally establishes that the purchases were accommodation entries. The absence of corresponding delivery challans or transport records further corroborates this conclusion. While the purchases are deemed bogus, the fact that the corresponding sales

S.N. Malhotra & Sons, Delhi vs. DCIT, Central Circle-30, New Delhi

ITA 833/DEL/2025[2019-20]Status: DisposedITAT Delhi29 Sept 2025AY 2019-20

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 832/Del/2025 : Asstt. Year : 2018-19 Ita No. 833/Del/2025 : Asstt. Year : 2019-20 Ita No. 834/Del/2025 : Asstt. Year : 2020-21 M/S S. N. Malhotra & Sons, Vs Dcit, 760, Ramesh Nagar, Central Circle-30, New Delhi-110015 New Delhi110055 (Appellant) (Respondent) Pan No. Aabfs6724N Assessee By : Sh. Dhani Ram Anthwal, Adv. & Sh. Rakesh, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 29.09.2025 Date Of Pronouncement: 29.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 832, 833 & 834/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071341134(1), 1071341700(1) & 1071341990(1) All Dated 18.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Dhani Ram Anthwal, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 132Section 153C

Income Tax Act, 1961 (‘Act’) carried, on 26.10.2020, on Sanjay Jain & Mehta Group of cases revealed that the assessee had taken accommodation entries of Rs.43,16,444/- in the garb of purchases during the relevant year. Hence, the Assessing Officer (‘AO’), with detailed reasoning mentioned in the assessment order disallowed ... under: - “8. The evidence, including statements of Sanjay Jain and Nikhil Sachar, and the seized Tally data, unequivocally establishes that the purchases were accommodation entries. The absence of corresponding delivery challans or transport records further corroborates this conclusion. While the purchases are deemed bogus, the fact that the corresponding sales