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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

DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs. United Tech Ventures Pvt Ltd, C. G. Road, Ahmedabad

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 214/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad22 Jul 2025AY 2018-19

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 214/Ahd/2025 िनधा"रण वष"/Assessment Year: 2018-19 बनाम Dcit United Tech Ventures Pvt Ltd., Vs. Circle 4(1)(1), 605, Samedh Complex, Nr. Ahmedabad Associated Petrol Pump, C.G. Road, Ahmedabad-380006 [Pan : Aabcu 0357 N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा")रती की ओर से / Assessee By : Shri Vihar Soni, Ar +,थ. की ओर से / Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 08.05.2025 घोषणा की तारीख /Date Of Pronouncement: 22.07.2025 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Revenue As Against The Appellate Order Dated 07.11.2024 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As The “Cit(A)”), Arising Out Of The Reassessment Order Passed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act” In Short), Relating To The Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee, A Private Limited Company, Filed Its Original Return Of Income For Ay 2018-19 On 01.10.2018, Declaring Rs. Nil Income & Claimed Current Year Loss Of Rs.6,36,309/-. The Assessee Also Filed A Revised Return Claiming Current Year Loss Of Rs.19,34,006/-. The Returns Were Processed Under Regular Assessment Under Section 143(3) & The Order Was Passed On 08.03.2021, Accepting The Returned Loss. Thereafter, The Assessment Was Re-Opened On Account Of Accommodation Entry Of Rs.1.5 Crores Received From Dishman Group. Hence, A Show Cause Notice U/S 148A(B) Of The Act Was Issued To The 2 Dcit Vs. United Tech Ventures Pvt Ltd Ay : 2018-19

For Appellant: Shri Vihar Soni, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 132Section 143(3)Section 147Section 148ASection 68

under Section 143(3), and the order was passed on 08.03.2021, accepting the returned loss. Thereafter, the assessment was re-opened on account of accommodation entry of Rs.1.5 crores received from Dishman Group. Hence, a show cause notice u/s 148A(b) of the Act was issued to the 2 DCIT ... erred in law and on facts in deleting the addition of Rs 1,50,00,000/- made by AO on account of accommodation entry from M/s. United Polyfab Gujarat Ltd (part of Dishman Group) treated as unexplained cash credit u/s 68 of the Act without appreciating the fact that

Nazar Impex Private Limited, Surat vs. Income Tax Officer-1(1)(3), Surat (Current Jurisdiction), Surat

In the result, assessee’s appeal is allowed

ITA 1212/SRT/2024[2012-13]Status: DisposedITAT Surat21 Jul 2025AY 2012-13

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1212/Srt/2024 Assessment Year: (2012-13) (Hybrid Hearing) Nazar Impex Pvt.Ltd. Income Tax Officer बनाम/ 408, Saryu Diamond Complex, Ward-1(1)(3), Surat, Aaykar Vs. Jadda Khadi, Mahidharpura, Bhavan, Majura Gate, Opp. New Surat-395 003 Civil Hospital, Surat-395 001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaccn3603R (अपीलाथ"/Appellant) (प्र"थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Himanshu Gandhi, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 04/06/2025 उद्घोषणा की तारीख/Date Of Pronouncement 21/07/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’), Dated 26.09.2024 By The National Faceless Appeal Centre, Delhi /Commissioner Of Income-Tax (Appeals), [In Short ‘Nfac/Cit(A)’] For The Assessment Year (Ay) 2012-13, Which In Turn Assessment Order Passed By Assessing Officer (In Short, ‘Ao’) U/S 144 R.W.S. 147 Of The Act On 30.12.2019. 2. Grounds Of Appeal Raised By The Assessee For The Appeals Are As Under: “1. Ground 6. On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Erred In Confirming Rejection Of Books Of Account Under Section 145(3) Of Income Tax, Act 1961 Without Pointing Out Any Defect In Books Of Account & Even The Return Income On The Basis Of Books Of Account Were Also Not Disputed.

Section 132Section 133ASection 144Section 145(3)Section 148Section 151Section 153CSection 250

also covered u/s 133A of the Act. It was revealed that assessee was indulged in issue of bogus bills in the form of accommodation entries. Accordingly, notice u/s 153C was issued and after providing opportunity of hearing to the assessee, assessment order u/s 144 r.w.s. 153C was passed ... entered into transactions of Rs.5,44,66,359/- with M/s Rose Impex, a concern run and controlled by Bhanwarlal Jain group, which was providing accommodation entries of unsecured loan and bogus purchases to various beneficiaries. Accordingly, notice u/s 148 was issued on 30.03.2009 after obtaining prior approval from competent authority

ITO, Statue Circle, Jaipur vs. Sangeeta Gangwal, Kirti Nagar, Tonk Road

Appeal is hereby dismissed

ITA 304/JPR/2025[2012]Status: DisposedITAT Jaipur21 Jul 2025

Bench: SHRIGAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपीलसं. / ITA No. 304/JPR/2025 निर्धारण वर्ष / AssessmentYear : 2012-13 Income Tax Officer War-6(4), Jaipur. बनाम Sangeeta Gangwal Vs. B-159, Kirti Nagar, Tonk Road, Jaipur. प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.:AIAPG9939J अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by : Shri Tarun Mittal, C.A. राजस्व की ओर से / Revenue by: Mrs. Anita Rinesh, JCIT, Sr. DR सुनवाई की तारीख / Date of Hearing :21

For Appellant: Shri Tarun Mittal, C.AFor Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR
Section 133(6)Section 143(2)Section 148Section 250Section 68

assessee was found to have indulged in bogus profit of other clients, without any actual transaction, that is to say, by way of accommodation entries. 3. Arguments heard. File perused. 4. It is case of the department that an information was received from DDIT(Investigation), Unit-3(1), Kolkata ... said assessment year. Accordingly, the assessee was called upon to submit following information:- “1. During the year under consideration, you taken the accommodation entries as bogus loss/profit/sale/purchase of the shares and commodities on NMCE from the SLA Commodities & Derivatives Pvt. Ltd. earning/creating the fictitious profits and losses by some brokers

DCIT CC 7(3), Mumbai vs. M/S Tirupati Developers, Mumbai

In the result, both the appeal of the revenue and CO of the assessee are

ITA 2165/MUM/2019[2012-13]Status: DisposedITAT Mumbai21 Jul 2025AY 2012-13

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 2165/Mum/2019 (निर्धारण वर्ष / Assessment Year :2012-13) Dcit Cc – 7(3), Room No. 655, 6Th Floor, Aayakar Bhavan, M. K. Road, Mumbai-400020 V/S. बनाम M/S. Tirupati Developers. 419, Laxmi Plaza, Laxmi Industrial Estate, New Link Road, Andheri (W.), Mumbai-400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeft6810B Appellant/अपीलार्थी .. Respondent/प्रतिवादी प्रति आपत्ति सं./ Co No. 110/Mum/2021 (Arising Out Of Ita No. 2165/Mum/2019) (निर्धारण वर्ष / Assessment Year :2012-13) M/S. Tirupati Developers. V/S. Dcit Cc – 7(3), 419, Laxmi Plaza, Laxmi बनाम Room No. 655, 6Th Floor, Industrial Estate, New Aayakar Bhavan, M. K. Link Road, Andheri (W.), Road, Mumbai-400020 Mumbai-400053 Appellant/अपीलार्थी .. Respondent/प्रतिवादी स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeft6810B निर्धारिती की ओर से /Assessee By: Shri Rushabh Mehta राजस्व की ओर से /Revenue By: Shri Biswanath Das सुनवाई की तारीख / Date Of Hearing 18.07.2025 घोषणा की तारीख/Date Of Pronouncement 21.07.2025 Page 2

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Biswanath Das
Section 132Section 143(3)Section 153ASection 250Section 68

unexplained u/s 68 of the Act. It has been submitted by Ld. DR that the entire group was found to be engaged in providing/receiving accommodation entries. On the basis of various documents found, as well as statements recorded during the course of the search, it was held that the group ... companies based in Kolkata and Mumbai. The loan received from M/s. Satyam Projects Ltd., during the year by the assessee, was regarded as an accommodation entry and added u/s 68 of the Act by the Ld. AO. He has argued that the Ld. CIT(A) was not justified in deleting