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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 - 19(1), Delhi vs. Atul Goel, Delhi

In the result, appeal of the Revenue is dismissed being devoid of any merit

ITA 4145/DEL/2024[2012-13]Status: DisposedITAT Delhi30 May 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.4145/िद"ी/2024(िन.व. 2012-13) Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ..... "ितवादी/Respondent Pan: Aadpg-2222-P Co No. 111/Del/2024 (A.Y.2012-13) In Ita No. 4145/Del/2024 Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aadpg-2222-P बनाम Vs. Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ..... "ितवादी/Respondent New Delhi 110002 Assessee By : Shri Ved Jain, Advocate & Ms. Uma Upadhyay, Chartered Accountant Department By : Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/03/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/05/2025

For Appellant: Shri Ved Jain, Advocate & Ms. Uma Upadhyay, CharteredFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 147Section 148

which has been presumed to be paid by the appellant to the entry operator, the AO has failed to identify who was the accommodation entry provider he is referring to in his order. In the whole assessment order, there is not even a single reference of any money/cash being exchanged ... such entry operator in this regard. Without there being any evidence of any money trail, there cannot be any allegation of obtaining accommodation entry by the appellant. The allegation of obtaining accommodation entry is a serious allegation and onus is on the AO to first substantiate his allegation by gathering

Aashiyana Infrastructure Development Private Limited, Faridabad vs. ITO, Ward 1(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 3033/DEL/2024[2012-13]Status: DisposedITAT Delhi28 May 2025AY 2012-13

Bench: Shris.Rifaur Rahmanaashiyana Infrastructure Development Vs. Ito, Ward 1 (2), Private Limited, Delhi. Plot No.830, Near Asian Hospital, Sector 21A, Faridabad – 121 001 (Haryana). (Pan : Aafca2236A) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Sumit Lal Chandani, Advocate Shri Shivam Yadav, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 28.05.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.04.2024 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income For Ay 2012-13 On 28.09.2012 Declaring Income Of Rs.31,22,410/- Which Was Revised On 21.09.2013 At An Income Of Rs.22,16,310/-. The Case Was Selected For Scrutiny & The Assessment U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 68Section 69C

recorded the reasons for reopening and same was reproduced at page 2 of the assessment order based on the information that assessee has obtained accommodation entry from the accommodation entry providers. Since assessee is a beneficiary of the same he proceeded to reopen the assessment. Since there was no compliance ... notices issued to the assessee, the Assessing Officer observed from the information received from Inv. Wing that Himanshu Sharma who was admitted of providing accommodation entries by way of providing bogus bills/vouchers etc. to various beneficiaries and he observed that assessee has taken certain entries amounting to Rs.25 lacs from

DCIT, Centraql Circle-28, New Delhi vs. Geemed Promoters P.Ltd, New Delhi

ITA 2242/DEL/2018[2011-12]Status: DisposedITAT Delhi28 May 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2011-12 Dcit, Vs Geemed Promoters P. Ltd., Central Circle-28, F-6, Second Floor, New Delhi. Vijay Chowk, Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P Co No.114/Del/2018 (Ita No.2242/Del/2018) Assessment Year: 2011-12 Geemed Promoters P. Ltd., Vs. Dcit, F-6, Second Floor, Central Circle-28, Vijay Chowk, New Delhi. Laxmi Nagar, New Delhi – 110 092. Pan: Aaecg1614P (Appellant) (Respondent) Assessee By : Shri Sachin Jain, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 07.05.2025 Date Of Pronouncement : 28.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 15.01.2018 Of The Commissioner Of Income-Tax (Appeals)-29, New Delhi Co No.114/Del/2018 (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.298/16-17/Cit(A)-29 Arising Out Of The Appeal Before It Against The Order Dated 19.03.2014 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-28, New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Has Filed Cross Objection. 2. The Revenue Has Taken The Following Grounds Of Appeal:- “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 10 Crore On Account Of (Paid - Up Share Capital, Share Premium & Security Premium) Credited In Its Books Of Accounts Ignoring The Fact That The Assessee Had Not Discharged Its Primary Onus To Establish The Identity & Creditworthiness Of The Creditors & Genuineness Of The Transaction During Assessment Proceedings.” 2. The Appellant Craves Leave To Add, Alter Or Amend Any/All Of The Grounds Of Appeal Before Or During The Course Of The Hearing Of The Appeal.”

For Appellant: Shri Sachin Jain, AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 132Section 143(3)Section 153A

Estate P. Ltd. On verification/investigation of the facts, it was found by the AO that Sh. Ashok Kumar Tyagi was engaged in giving accommodation entries through the companies owned, controlled and managed by him. M/s Geemed Promoters P. Ltd. was also one of his company through which accommodation entry ... companies owned/controlled/managed by him were treated as entry providers and M/s MGC Estate P. Ltd. was treated as the beneficiary of those accommodation entries received from Sh. Ashok Kumar Tyagi or his concerns. In the hands of Sh. Ashok Kumar Tyagi commission @1.4% on giving accommodation entries was calculated