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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

Hasmukh Ugarchand Gadhecha, HUF, Ahmedabad vs. The ITO, Ward-5(2)(2), Ahmedabad

The appeal of the assessee stands allowed

ITA 591/AHD/2025[2013-14]Status: DisposedITAT Ahmedabad09 Feb 2026AY 2013-14

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.591/Ahd/2025 िनधा"रण वष" /Assessment Year : 2013-14 Hasmukh Ugarchand The Ito बनाम/ Gadhecha, Huf Ward-5(2)(2) V/S. 3Rd Floor, Anjalee House Ahmedabad – 380 015 Cg Road Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aaahg 7194 K (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Deepak R. Shah, Ar Revenue By : Shri Hargovind Singh, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/11/2025 घोषणा की तारीख /Date Of Pronouncement: 09/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 26/12/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2013-2014. 2. The Assessee, In This Appeal, Has Raised The Following Grounds Of Appeal: Hasmukh Ugarchand Gadhecha, Huf Vs. Ito Asstt.Year : 2013-14 2 “1. That The Ld.Cit(A) Erred In Law & In The Facts Of The Case In Confirming The Order Of The Ao In Reopening Assessment U/S.147 Of The Act.

For Appellant: Shri Deepak R. Shah, ARFor Respondent: Shri Hargovind Singh, Sr.DR
Section 10(38)Section 143(3)Section 147Section 148Section 153CSection 250Section 68Section 69C

associates on 09/04/2013 and subsequent days. During the course of search, it was found that Shri Shirish Chandra Shah was engaged in providing accommodation entries of share capital, share premium share application money, unsecured loans, long term capital gains, short term capital gain/loss, trading loss etc. On analysis ... concluded that LTCG of Rs.1,83,67,048/- claimed by the assessee as exempt were not genuine, but, in fact, were on account of accommodation entry provided by Shri Shirish Chandra Shah. On the basis of above information, the AO arrived at the conclusion that for the year under consideration

Blue Chip Financial Services Pvt Ltd, Mumbai vs. Income Tax Officer Ward 12(1)(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 5616/MUM/2025[2012-13]Status: DisposedITAT Mumbai09 Feb 2026AY 2012-13

Bench: Shri Amit Shukla & Shri Girish Agrawalblue Chip Financial Services Vs Income Tax, Circle 12(1)(3) Private Limited Aayakar Bhavan, M.K. Road, 24, Dheeraj Heritage, 3Rd Floor, Churchgate Mumbai - 400020 S.V. Road, Santacruz West, Mumbai 400054 Pan: (Aaacb2087R) Appellant Respondent Present For: Appellant By : Shri Haridas Bhatt, Ca Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 13.11.2025 Date Of Pronouncement : 09.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Din & Order No. Itba/Nfac/S/250/2025-26/1078465141(1) Dated 14.07.2025 Passed Against Assessment Order U/S. 143(3) R.W.S 147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.12.2019 For Ay 2012-13. 2. Grounds Taken By The Assessee Are Reproduced As Under: “A) On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Confirming The Addition Made By The Ao Of The Alleged Unaccounted Money In The Form Of Accommodation Entry From Shell Company M/S Anubhav Commosale Pvt Ltd To The Extent Of Rs 20,00,055/- Treating It As Unexplained Income U/S 68 Of It Act.

For Appellant: Shri Haridas Bhatt, CAFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 131Section 133(6)Section 143(3)Section 148Section 68

erred in confirming the addition made by the AO of the alleged unaccounted money in the form of accommodation entry from shell company M/s Anubhav Commosale Pvt Ltd to the extent of Rs 20,00,055/- treating it as unexplained income u/s 68 of IT Act. 2 Blue Chip Financial ... addition of Rs. 20,00,055/- made by treating it as unexplained income alleging it to be unaccounted money in the form of accommodation entry from a company named Anubhav Commosale Private Limited. Thrust of the assessee in this regard is that entry for this transaction did not appear

DCIT (CC)-8(4), Mumbai vs. Reena Ratnesh Jain, Mumbai

In the result, the appeal is dismissed

ITA 3888/MUM/2025[2016-17]Status: DisposedITAT Mumbai06 Feb 2026AY 2016-17

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokardcit(Cc)-8(4) Reena Ratnesh Jain Room No. 659, 6Th Floor, 902/903, A Wing, Kalinga Tower, Aayakar Bhavan, M. K. Road, Vs. Nirmal Nagar, Near D-Mart, Mumbai-400 020 Mulund (W), Mumbai-400 080 Pan/Gir No. Aeapj 6605 C (Appellant) : (Respondent) Appellant By : Shri Bhadresh Doshi Respondent By : Shri Annavaram Kosuri (Sr. Ar) Date Of Hearing : 03.02.2026 Date Of Pronouncement : 06.02.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Department, Against Order Dated 26.03.2025 Of Learned Commissioner Of Income Tax (Appeals), Mumbai (‘Ld.Cit(A) For Short), Pertaining To The Assessment Year (A.Y.) 2016-17. 2. Though, The Department Has Raised Multiple Grounds, However, The Dispute In Short Is In Relation To Deletion Of Addition Made Of Rs.80,23,019/-, Being Bogus Long Term Capital Gain (‘Ltcg’ For Short) Added U/S. 68 Of The Income Tax Act, 1961 (‘The Act’ For Short) & Addition Of An Amount Of Rs.80,230/-, Being Commission Paid By The Assessee For Arranging The Accommodation Entry Of Bogus Ltcg.

For Appellant: Shri Bhadresh DoshiFor Respondent: Shri Annavaram Kosuri (Sr. AR)
Section 147Section 68

short) and addition of an amount of Rs.80,230/-, being commission paid by the assessee for arranging the accommodation entry of bogus LTCG. 2 DCIT(CC) vs. Reena Ratnesh Jain 3. Briefly, the facts relating to the issue are, the assessee is a resident individual, deriving income from share transactions ... Finance Ltd. are non-genuine as M/s Goenka Business and Finance Ltd. is in the nature of penny stock scrip utilized for providing accommodation entries. Based on such information, the A.O. reopened the assessment u/s. 147 of the Act. In course of the reassessment proceeding, the A.O. called upon