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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

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

Appeal is allowed for statistical purposes

ITA 2193/KOL/2024[2011-12]Status: DisposedITAT Kolkata18 Aug 2025AY 2011-12

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

Pradeep D Charya ITO 19.2.4, Mumbai vs. Parasmal Fozharaj Sanghvi HUF, Mumbai

In the result, appeal of the revenue is dismissed

ITA 5832/MUM/2024[2011-12]Status: DisposedITAT Mumbai18 Aug 2025AY 2011-12

Bench: Shri Amit Shukla & Smt. Renu Jauhriआयकर अपील सुं./Ita No.5832/Mum/2024 (नििाारण वर्ा/Assessment Year: 2011-12) Ito 19(2)(4), Mumbai V/S. Parasmal Fozharaj 507, Piramal Chambers, बिाम Sanghvi Huf Lalbaug, Mumbai 400012 10/2 Atul Niwas, Khetwadi Road Corner, Mumbai 400004 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaahp5379M Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Vimal Punmiya & Shri Hansraj Sanghvi राजस्व की ओर से /Revenue By: Mr. Virabhadra S. Mahajan, Sr. Dr स िवाई की िारीख / Date Of Hearing 22.07.2025 घोर्णा की िारीख/Date Of Pronouncement 18.08.2025

For Appellant: Shri Vimal Punmiya & ShriFor Respondent: Mr. Virabhadra S. Mahajan, SR
Section 250

ignoring the fact that the Sales Tax Department Maharashtra State, has proved beyond doubt that parties declared as hawala traders were involved in providing accommodation entries of purchases and the assessee was found to be one of the beneficiary of accepting accommodation entry for the purchase?" 2. Whether ... providing accommodation/bogus purchase bills only without delivering any yoods and it was found that the assessee was one of the beneficiary, who has availed accommodation entries through bogus bills from six hawala traders? 3. Whether on the facts and in the circumstances of the case

Income Tax Officer- 6(2), Lucknow vs. M/S. Status Vyapaar Pvt. Ltd., Lucknow

ITA 403/LKW/2020[2012-13]Status: HeardITAT Lucknow13 Aug 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.403/Lkw/2020 निर्धारण वर्ष / Assessment Year: 2012-13 Income Tax Officer-6(2) 27/2, Raja Ram Mohan Rai Marg, P. K. Complex, 3Rd Floor, Lucknow-226001. V. M/S. Status Vyapaar Pvt Ltd 24, Eldico Greens, Gomti Nagar, Lucknow-226010. Pan:Arvpm1497R अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कि और से/Appellant By: Shri Raghunath Mishra, Adv प्रत्यर्थी कि और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) Order Per Anadee Nath Misshra, Am.: This Appeal, By The Revenue, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 24.09.2020, Pertaining To The Assessment Year 2012-13. The Revenue Has Raised The Following Grounds Of Appeal: - “1. Whether On The Facts Of Circumstances Of The Case & In Law. Ld. Cit(A)-2, Lucknow Erred In Restricting The Addition Of Rs.6,34,00,000/- Made By The Ao On Account Of Unexplained Credit U/S 68 Of The Act To Commission Income Calculated At 1% Without Appreciating That The Assessee Had Failed To Furnish Satisfactory Explanation With Regard To Identify Of The Parties, Source & Genuineness Of The Transaction 2. The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As & When Need To Doing So Arises With The Prior Permission Of The Court.” 2. In This Case, Assessment Order Dated 29.12.2019 Was Passed By The Assessing Officer Whereby The Assessee'S Total Income Was Assessed At Rs.6,34,42,150/-. Thereafter, During The Assessment Proceedings, The Assessing Officer Noted That There Were Total Credit Entries Of Rs.9.84 Crores & Matching Debit

For Appellant: Shri Raghunath Mishra, AdvFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 150Section 68

assessee, the same was added u/s 68 of the Income Tax Act which is correct and lawful. 5. The assessee company being an accommodation entry provider must be well aware of all the beneficiary of Rs.9.84 crore. But it disclosed only the name of Mahesh Chandra Agarwal Group which ... amount has been. debited during the year be. 9;84,00,000/-It is established that all the debit and credit entries are accommodation entries provided by the assessee сотрапу.” Therefore, in review of above said finding based on evidences AO has himself observed assessee is accommodation entry provider. Hence

Highgrowth Vyapaar Pvt. Ltd., Kolkata vs. ITO, Ward 12(1), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1022/KOL/2025[2011-2012]Status: DisposedITAT Kolkata13 Aug 2025AY 2011-2012

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1022/Kol/2025 Assessment Year: 2011-12 Highgrowth Vyapaar Pvt. Ltd…………..……..…………………....Appellant 42E, Cornfield Road, Ground Floor, Ballygunge, Kol-19. [Pan: Aacch0203R] Vs. Ito, Ward-12(1), Kolkata..…………....…..………………….…..... Respondent Appearances By: Shri Avijit Ghoshal, Advocate, Appeared On Behalf Of The Appellant. Shri Soumitra Ghosh, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 28, 2025 Date Of Pronouncing The Order : August 13, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre Dated 15.03.2024 Passed Against The Assessment Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. At The Outset, It Is Noted That There Is A Delay Of 347 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication. 3. Brief Facts Of The Case Are That In The Case Of The Assessee, The Return Of Income Was Filed On 18.03.13 Disclosing A Loss Of Rs.11,281/-.

Section 143(1)Section 143(2)Section 147Section 250Section 68

accordingly reassessment proceedings were initiated. It was noticed by the Assessing Officer that the assessee company had received an accommodation entry amounting to Rs.50,00,000/- which was unexplained. Thereafter, notices u/s 143(2) and 142(1) of the Act were issued and there was no compliance to the said ... stated that the alleged contention of the Assessing Officer that the assessee was a beneficiary of bogus transaction by receiving accommodation entry of Rs.50,00,000/- was not correct. He further stated that the Assessing Officer has never looked into the facts but simply made the addition which