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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

Lexus Softmac, Surat vs. DCIT, Circle1(1)(1), Surat

In the result, assessee’s appeal ITA No

ITA 702/SRT/2024[2014-15]Status: DisposedITAT Surat25 Sept 2025AY 2014-15

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.702 & 703/Srt/2024 Ays: (2014-15 &2015-16) (Hybrid Hearing) Lexus Softmac, Deputy Commissioner Of F -3 To F-6, Gujarat Hira Bourse, Income-Tax, Circle 1(1)(1), बनाम/ Gems & Jewellery Park, Surat Room No.108, Vs. Ichchhapore, Aayakar Bhawan, Majura Surat - 394510 Gate, Opp. New Civil Hospital, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabfl 0495 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K Kapadia, C.A. राज" की ओर से /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 19/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 25/09/2025

Section 143(3)Section 234ASection 250Section 271(1)(c)Section 69C

Kamal J. Zaveri, proprietor of M/s. Rishit Corporation on 24.03.2015 and information was gathered that Mr. Zaveri was engaged in the business of providing accommodation entries for bogus bills etc. on a commission basis through various proprietary concerns and firms, namely, M/s. Radhika Enterprises, M/s Jay Traders, M/s Rishit Corporation ... Lexus Softmac 6. As per the information received, it was seen that the following entities of Kamal J. Zaveri group had provided accommodation entries of bogus purchases amounting to Rs.95,44,367/-, during the AY 2014-15 to the assessee: Sr. No. Name of the person/parties from whom bogus purchase

Blueray Trading Pvt. Limited, Thane vs. The Dy. CIT, Central Circle-1(1), Ahmedabad

In the result, the appeal of the assessee before us stands allowed

ITA 496/AHD/2024[2010-11]Status: DisposedITAT Ahmedabad25 Sept 2025AY 2010-11

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalblueray Trading Pvt. Ltd., The Dy. Commissioner Of Vs. 306, Snehadisha, Parawadi, Income-Tax, Highway Road, Thane-400601 Central Circle-1(1), Ahmedabad [Pan : Aafcm 8859 D] (Appellant) .. (Respondent) Appellant By : Shri Mehul K. Patel, Advocate Respondent By: Shri Abhijit, Sr. Dr Date Of Hearing 16.09.2025 Date Of Pronouncement 25.09.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:- Delay Condoned. This Appeal Has Been Filed By The Assessee Against The Order Dated 30.08.2023 Passed By The Ld. Commissioner Of Income-Tax (Appeals)-11, Ahmedabad (‘Ld. Cit(A)’ In Short), Under Section 250 Of The Income-Tax Act, 1961 (‘The Act’ In Short), Relating To The Assessment Year 2010-11. 2. The Assessee Has Raised Following Grounds:-

For Appellant: Shri Mehul K. Patel, AdvocateFor Respondent: Shri Abhijit, Sr. DR
Section 139Section 143(3)Section 148Section 250Section 263Section 68Section 69C

facts in making addition of Rs. 33,50,000/- treating the same as commission expenses paid by the Appellant for availing the alleged accommodation entries to the tune of Rs.6.70 crores. 2. The Ld. AO erred in law and on facts in not appreciating that the subject matter of paying ... account of share capital and premium received from companies alleged to be controlled by one Shri Shirish Chandrakant Shah, an accommodation entry provider. Subsequently, the Pri. CIT (Central), Ahmedabad passed an order u/s 263 of the Act on 30.03.2021, setting aside the reassessment order on the ground that the Assessing

Pardeep Kumar, Panipat vs. ITO Ward -1, Panipat

Appeal is partly allowed

ITA 5160/DEL/2025[2018-19]Status: DisposedITAT Delhi24 Sept 2025AY 2018-19

Bench: Sh. Satbeer Singh Godaraita No. 5160/Del/2025 : Asstt. Year : 2018-19 Pardeep Kumar V Ito C/O J B Sharma, Advocate 72, S Ward- 1 Bmk, Market, Nr Hotel, Hive, Gt Panipat Road,Panipat (Appellant) (Respondent) Pan No. Abjpk5684N Assessee By: None Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 24.09.2025 Date Of Pronouncement: 24.09.2025 Order This Assessee’S Appeal For Assessment Year 2018-19, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/107937854(1) Dated 29.07.2025, In Proceedings U/S 147 R.W.S. 144B Of The Income Tax Act, 1961 (In Short “The Act”). 2. Heard Both The Parties At Length. Case File Perused. 3. Case Called Twice But None Appeared. At Assessee’S Behest It Is Accordingly Proceeded Exparte. 4. It Next Emerges With The Able Assistance From Revenue’S Side That Both The Learned Lower Authorities Have Disallowed The Assessee’S Purchases As Sourced From Alleged Entry Providers To The Tune Of Rs.27,32,625/- Followed By Estimation Of 2% Commission Expenditure To The Tune Of Rs.2603/-, As Upheld In The Lower Appellate Discussion.

For Appellant: NoneFor Respondent: Sh. Manoj Kumar, Sr. DR
Section 147

this factual matrix that supplier herein Sh. Rajesh Mittal had got recorded his statement before the GST authorities and admitted himself as an accommodation entry provider only. He could hardly dispute that both the lower authorities have neither rejected the assessee’s corresponding business sales nor his books of account ... along. The necessary inference which would arise in such instance is that the assessee had actually sourced his purchases from unlisted dealers and availed accommodation entries from entry operators. It is thus deemed appropriate in larger interest of justice that a lump sum disallowance of 10% on the assessee

Raghvender Shankar Finance & Investment Company Private Limted, New Delhi vs. ITO Ward-15(1), New Delhi

The appeals of the assessee are allowed

ITA 8572/DEL/2019[2006-07]Status: DisposedITAT Delhi24 Sept 2025AY 2006-07

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

information which was received from the office of CIT, Central-II, New Delhi, which indicated the Shri Aseem Kumar Gupta had provided accommodation entries to various beneficiaries through many bank accounts opened in the name of several proprietorship concern, firms and companies having its employees/associates as directors and partners ... them. The assessee company before this Tribunal were also alleged to be one of the beneficiaries, who allegedly had taken accommodation entries in several years. Accordingly, the cases of the assessee company were reopened and the additions were made, which have been sustained before

Shankar Radhey Finance & Investment Co. Pvt. Ltd., New Delhi vs. ITO Ward 23(1), New Delhi

The appeals of the assessee are allowed

ITA 1067/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

information which was received from the office of CIT, Central-II, New Delhi, which indicated the Shri Aseem Kumar Gupta had provided accommodation entries to various beneficiaries through many bank accounts opened in the name of several proprietorship concern, firms and companies having its employees/associates as directors and partners ... them. The assessee company before this Tribunal were also alleged to be one of the beneficiaries, who allegedly had taken accommodation entries in several years. Accordingly, the cases of the assessee company were reopened and the additions were made, which have been sustained before

Singhal Fastners Co. P.Ltd, New Delhi vs. ITO, Ward-24(2), New Delhi

The appeals of the assessee are allowed

ITA 1066/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

information which was received from the office of CIT, Central-II, New Delhi, which indicated the Shri Aseem Kumar Gupta had provided accommodation entries to various beneficiaries through many bank accounts opened in the name of several proprietorship concern, firms and companies having its employees/associates as directors and partners ... them. The assessee company before this Tribunal were also alleged to be one of the beneficiaries, who allegedly had taken accommodation entries in several years. Accordingly, the cases of the assessee company were reopened and the additions were made, which have been sustained before

Nks Holdings P.Ltd, New Delhi vs. ACIT, Central Circle-32, New Delhi

ITA 6690/DEL/2018[2011-12]Status: DisposedITAT Delhi24 Sept 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Amitabh Shuklaassessment Year: 2011-12 Nks Holdings Pvt. Ltd., Vs Acit, 3198/15, 4Th Floor, Gali No.1, Central Circle-32, Sangatrashan, New Delhi. Paharganj, New Delhi – 110 055. Pan: Aakcs7827C (Appellant) (Respondent) Assessee By : Shri Amol Sinha, Advocate & Shri Ankit Kumar, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 28.07.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 10.08.2018 Of The Commissioner Of Income-Tax (Appeals)-30, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.317/17-18/2980 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2017 Passed U/S 144/147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-32, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Amol Sinha, Advocate &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(1)Section 143(2)Section 144Section 147Section 148Section 68

relied the findings and conclusions in case of similarly situated assesse who were also subjected to similar investigation and allegedly found to be providing accommodation entry, we consider the same to be of vital consequences and intend to deal with same first as that just not makes the reopening questionable ... other cases part of same modus operandi. Thus the assessee can be considered to be involved in the business of facilitating and providing accommodation entries to the beneficiaries, details of which were examined by SFIO. Thus for such services rendered, assessee may be charging commission Thus for impugned credit entries

Assistant Commissioner of Income Tax, Central Circle-3, Surat vs. Shrinidhi Enterprize, Surat

In the result, both the appeals of the Revenue are, hereby, dismissed

ITA 914/SRT/2024[2015-16]Status: DisposedITAT Surat23 Sept 2025AY 2015-16

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita Nos.914/Srt/2024 & 797/Srt/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 The Acit Shrinidhi Enterprize Central Circle-3 बनाम/ 6/1862, 63, Ground Floor Surat Ghanshyam Bhuvan V/S. Bali Sheri, Mahidharpura Surat – 395 003 "थायी लेखा सं./Pan:Acbfs 6484 R (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri Ravi Kant Gupta, Cit(Dr) Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/08/2025 घोषणा की तारीख /Date Of Pronouncement: 23/09/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri Ravi Kant Gupta, CIT(DR)
Section 139(1)Section 143(3)Section 147Section 44A

133A of the Act were carried out involving the group known as Sadhani Brothers. This group was found to be involved in providing accommodation entries by managing financial affairs of about 873 persons/entities, which included parties with whom the assessee had transactions for labour work contracts. 3. During the reassessment ... Assessing Officer (AO) observed that during the search and survey of Sadhani Brothers’ premises, various incriminating documents and evidence linking the assessee with accommodation entries were found. The AO reproduced complete details of the labour contract transactions amounting to Rs.3,61,86,444/- with parties managed by the Sadhani Brothers