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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

Bhikhalal Prahaladrai Agarwal HUF, Gandhidham vs. Assistant Commissioner of Income Tax, Gandhidham Circle, Gandhidham

ITA 780/RJT/2024[2016-17]Status: DisposedITAT Rajkot21 Aug 2025AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 10(38)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

market price of shares of company namely Vax Housing Finance Corporation Limited listed on the Bombay Stock Exchange (BSE) in order to provide accommodation entries of Long ITA Nos.779&780/RJT/2024/AYs.2011-12&2016-17 Bhikhalal Prahladrai Agarwal-HUF Term Capital Gain. From the information it is gathered that a mass enquiry ... such persons (beneficiaries) is utilized to purchase shares of such companies at a very high artificially inflated market price. This practice is generally called Accommodation Entry Scam, as the activities of such persons are carried out with prime objective of accommodating unaccounted cash of beneficiaries into their regular books

Bhikhalal Prahladrai Agarwal HUF, Gandhidham vs. Assistant Commissioner of Income Tax Gandhidham Circle, Gandhidham

ITA 779/RJT/2024[2011-12]Status: DisposedITAT Rajkot21 Aug 2025AY 2011-12

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 10(38)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

market price of shares of company namely Vax Housing Finance Corporation Limited listed on the Bombay Stock Exchange (BSE) in order to provide accommodation entries of Long ITA Nos.779&780/RJT/2024/AYs.2011-12&2016-17 Bhikhalal Prahladrai Agarwal-HUF Term Capital Gain. From the information it is gathered that a mass enquiry ... such persons (beneficiaries) is utilized to purchase shares of such companies at a very high artificially inflated market price. This practice is generally called Accommodation Entry Scam, as the activities of such persons are carried out with prime objective of accommodating unaccounted cash of beneficiaries into their regular books

Assistant Commissioner-19(1), Mumbai vs. Kdm Impex, Mumbai

In the result, appeal of the revenue is dismissed, in terms of our

ITA 3040/MUM/2025[2012-13]Status: DisposedITAT Mumbai21 Aug 2025AY 2012-13

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.3040/Mum/2025 निर्धारण वर्ष / Assessment Year :2012-13 The Assistant Commissioner Of Income Tax-19(1), Mumbai ........अपीलार्थी / Appellant बनाम / V/S. M/S. Kdm Impex 506, 5Th Floor, Piramal Chambers, Lalbag, Mumbai-400 012 Pan : Aadfk2444F ......प्रत्यर्थी / Respondent Assessee By : None Revenue By : Shri Himanshu Joshi, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 20.08.2025 घोषणा की तारीख / Date Of Pronouncement : 21.08.2025 2 Acit-19(1), Mumbai Vs. M/S. Kdm Impex

For Appellant: NoneFor Respondent: Shri Himanshu Joshi, Sr. DR
Section 37Section 68

other findings which conclusive, proved that he through a web of benami concerns run and operated by him, which were engaged in providing accommodation entries of bogus purchases and bogus unsecured loans and advances to various beneficiaries which included the assessee The assessee had made the following transactions as under ... search, evidences were found, persons were examined on Oath which established that Bhanwarlal Jain and Family had been using benarni concerns to give accommodation entries in the nature of bogus purchase and bogus unsecured loans to various beneficiaries. Examination on Oath of Trusted employees of Bhanwarlal Jain and family revealed

Agroha Fincap Ltd., New Delhi vs. ITO, Ward- 1(4), New Delhi

Appeal is allowed

ITA 8305/DEL/2019[2011-12]Status: DisposedITAT Delhi19 Aug 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.8305/िद"ी/2019 (िन.व. 2011-12) Agroha Fincap Ltd., C-51, Mahendru Enclave, G.T. Karnal Road, ...... अपीलाथ"/Appellant New Delhi 110033 Pan: Aaaca-8075-G बनाम Vs. Income Tax Officer, Ward-1(4), ..... "ितवादी/Respondent R.No. 398B, Cr Building, New Delhi 110002 अपीलाथ" "ारा/Appellant By : Shri Suraj Gupta, Advocate "ितवादी"ारा/Respondent By : Shri Manoj Kumar, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 22/05/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/08/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, New Delhi [In Short ‘The Cit(A)’] Dated 20.08.2019, For Assessment Year 2011-12. 2. Shri Suraj Gupta, Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Legal Ground Raised In Ground No. 2 Of Appeal. Thus, The Primary Issue For Adjudication In Appeal By The Assessee Is Addition Of Rs.25,00,000/- U/S. 68 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On Account Of Share Capital/Share Premium Received From M/S. Blue Bell Finance Ltd.

For Appellant: Shri Suraj Gupta, AdvocateFor Respondent: Shri Manoj Kumar, SR.DR
Section 148Section 68Section 69C

consequential. The AO has assumed without there being any material available on record that the assessee has paid commission of Rs.1.8% on sum of accommodation entry provided by S.K Jain Group of Companies. There is no material whatsoever to show that the assessee has paid any such commission for obtaining ... alleged accommodation entries. 3. Per contra, Shri Manoj Kumar representing the department vehemently defended the impugned order and prayed for dismissing appeal of the assessee. The ld. DR submitted that in operation carried out on Jain Brothers and their group concerns, certain incriminating documents were found and seized

Southopen Infranirman Consultants Private Limited, Kolkata vs. ITO, Ward 9(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1268/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Aug 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1268/Kol/2025 Assessment Year: 2018-19 Southopen Infranirman Consultants Pvt. Ltd.……………….……....Appellant 228A, Chittaranjan Avenue, W.B – 700006. [Pan: Aarcs2287B] Vs. Ito, Ward-9(1), Kolkata……………....…..………………….…..... Respondent Appearances By: Smt. Swati Baid, Fca Appeared On Behalf Of The Appellant. Shri Susanta Saha, Acit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Dated 01.04.2025 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. Brief Facts Of The Case Are That The Assessee Has Filed Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.60440/-. On Information Received That The Assessee Company Had Received Accommodation Entry Of Rs.28,00,000/- Routed Through The Bank Account Of M/S Strong Well Commodeal Pvt. Ltd. During The F.Y 2017-18. Later On, The Case Of The Assessee Was Reopened U/S 147 By Issuing Notice U/S 148 As To Believe By The Assessing Officer That The Said Income Of The Had Escaped Assessment. Thereafter, Notices U/S 143(2) & 142(1) Of The Act Were Issued To The Assessee To Furnish Necessary Details To Prove The Source The Deposit In The Bank Amount.

Section 143(2)Section 147Section 148Section 250Section 68

filed return of income for the assessment year 2018-19 declaring total income of Rs.60440/-. On information received that the assessee company had received accommodation entry of Rs.28,00,000/- routed through the bank account of M/s Strong Well Commodeal Pvt. Ltd. during the F.Y 2017-18. Later

Santanu Roy, ITO, Ward 10(2), Kolkata vs. Ems Polyset Private Limited, Kolkata

Appeal is allowed for statistical purposes

ITA 2194/KOL/2024[2012-13]Status: DisposedITAT Kolkata18 Aug 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.2193&2194/Kol/2024 Assessment Years: 2011-12 & 2112-13 Ito, Ward-10(2), Kolkata.…………………….…………….……....Appellant Vs. Ems Polyset Pvt. Ltd………………………………………….…..... Respondent Gobinda Niwas, Jyangra, Baguihati, Kolkata - 700059. [Pan: Aaace5551F] Appearances By: Shri Susanta Saha, Acit- Sr. Dr Appeared On Behalf Of The Appellant. Shri Subrato Rai, Fca, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 13, 2025 Date Of Pronouncing The Order : August 18, 2025 आदेश / Order Per Sonjoy Sarma: The Captioned Appeals Have Been Preferred By The Revenue Against Two Separate Orders Both Dated 06.08.2024 Passed By The Cit(Appeals) Addl/Jcit(A), Madurai [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2011-12 & 2012-13 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Ita No.2193/Kol/2024 For Narration Of Facts. 2. At The Outset, The Registry Has Informed That There Are Delays Of 27 Days In Filing Both The Present Appeals. The Revenue Filed Applications For Condonation Of Delay Stating Reasons For Such Delay. After Considering The Applications, We Find Reasonable Cause. We

Section 132Section 143(1)Section 147Section 250

premises of Shri Sanjiu Kumar Singh, a well- known entry operator. It was found by the Assessing Officer that Shri Singh provided various bogus accommodation entries to various beneficiaries and the Assessing Officer also found that the assessee has also got benefit of accommodation entry of Rs.16,06,800/-. Accordingly