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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

Deputy Commissioner of Income Tax, Central Circle 3(2), Kolkata, Aayakar Bhawan Poorva vs. Bhagwan Das Agarwal, Kolkata

In the result, appeal of the revenue is dismissed

ITA 1254/KOL/2025[2014-15]Status: DisposedITAT Kolkata09 Sept 2025AY 2014-15

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita No.1254/Pat/2025 (निर्धारण वर्ा / Assessment Year : 2014-2015) Dcit, Central Circle-3(2), Vs Bhagwan Das Agarwal, Kolkata 21, Hemant Basu Sarani, Dalhousie, Kolkata-700001 Pan No. :Afjpa 9084 Q (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr निर्धाररती की ओर से /Assessee By : Shri Devesh Poddar, Advocate सुनवाई की तारीख / Date Of Hearing : 09/09/2025 घोषणा की तारीख/Date Of Pronouncement : 09/09/2025 आदेश / O R D E R Per George Mathan, Jm: This Is An Appeal Filed By The Revenue Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 24.03.2025 For The Assessment Year 2014-2015. 2. Shri Raja Sengupta, Ld. Cit-Dr Appeared On Behalf Of The Revenue & Shri Devesh Poddar, Ld. Ar Appeared On Behalf Of The Revenue. 3. A Perusal Of The Facts Of The Present Case Shows That The Order Of The Ld. Cit(A) Dated 24.03.2025 Has Been Received In The Office Of Pr.Cit, Central-2, Kolkata On 24.03.2025. The Limitation For Filing The Appeal Expired On 23.05.2025 & The Appeal Has Been Filed On 09.06.2025. Thus, There Is A Delay Of 21 Days In Filing The Appeal By The Revenue. In This Regard, The Revenue Has Filed A Condonation Application Stating Therein As Under :-

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri Raja Sengupta, CIT-DR
Section 153ASection 3Section 68

Rakhi Trading Pvt. Ltd., had recognized the modus operandi and ruled in favour of the revenue. Hence, the assessee was a beneficiary of accommodation entry which is in the nature of organized tax evasion, and comes under exception as per clause (h) of section 3.1 of CBDT Circular No. 05/2024 ... dated 15/03/2024, falling under the category of cases involving organized tax evasion including cases of bogus capital gain/loss through penny stocks and cases of accommodation entries. 5. The appellant craves the right to add, alter, amend or withdraw any ground of appeal before or at the time of hearing

Income Tax Officer Ward-3(3)(2), Ahmedabad vs. Kapil Arun Agrawal, Ahmedabad

In the result, appeal of the Revenue stands dismissed

ITA 672/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad04 Sept 2025AY 2015-16

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaआयकर अपील सं /Ita No.672/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Income Tax Officer Kapil Arun Agrawal बनाम/ Ward-3(3)(2) B-130 Pushp Industrial Park V/S. Ahmedabad Near Shital Cinema, Gomtipur Rakhial Ahmeabad – 390 021 "थायी लेखा सं./Pan: Agupa 1914 H (अपीलाथ)/ Appellant) (*+ यथ)/ Respondent) Assessee By : Ms. Urvashi Sodhan, Ar Revenue By : Shri Ravindra, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 28/08/2025 घोषणा की तारीख /Date Of Pronouncement: 04/09/2025 आदेश/O R D E R Per Sanjay Garg:

For Appellant: Ms. Urvashi Sodhan, ARFor Respondent: Shri Ravindra, Sr.DR
Section 147Section 250Section 68Section 69C

wing that the Script M/s Oasis Tradelink Ltd is used by Shri Naresh Jain and its associates to rig the stock and to provide accommodation entries and assessee has traded in such penny script and obtained accommodation entry of bogus STCG in his books. (b) The Ld.CIT(A) has erred ... money u/s. 69C of IT Act, on technical grounds and without adjudicating the issue on merits, despite the fact that the assessee has availed accommodation entries in its books by trading in penny scripts. (d) The appellant craves leave to add, alter and/or to amend all or any the ground