← All Phrases

“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

M/S. Prajapati Commodities Pvt. Ltd., Kolkata vs. ITO, Ward 5(2), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 312/KOL/2025[2010-11]Status: DisposedITAT Kolkata14 May 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.312/Kol/2025 Assessment Year: 2010-11 M/S Prajapati Commodities Pvt. Ltd.…………………………..….……….Appellant 51, Vivekanda Road, 2Nd Floor, Kolkata-1. [Pan: Aaecp2927L] Vs. Ito, Ward-5(2), Kolkata……………....................……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Assessee. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : May 13, 2025 Date Of Pronouncing The Order : May 14, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 09.01.2025 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Time Of Hearing, No One Appeared On Behalf Of The Assessee, Although Notices Were Served From The Registry To The Assessee. We Cannot Keep This Appeal Pending For Inordinate Delay For Adjudication; Therefore, We Feel It Necessary To Decide This Appeal On The Basis Of Material Available On Record & With The Assistance Of The Ld. Dr.

Section 143(2)Section 144Section 147Section 250

Prajapati Commodities Pvt. Ltd on reopened u/s 147 of the Act with the reasons to belief that the assessee had allegedly received bogus accommodation entry of Rs.25,00,000/-. Subsequently, notices u/s 143(2) and 142(1) of the Act were issued to the assessee but the assessee failed

Sunita Sarda, New Delhi vs. ACIT Circle 71(1), New Delhi

In the result, appeal filed by the assessee is allowed

ITA 2215/DEL/2023[2011-12]Status: DisposedITAT Delhi14 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmansunita Sarda, Vs. Acit, Circle 71 (1), 5/5761, Dev Nagar, Karol Bagh, New Delhi. New Delhi – 110 005. (Pan : Aanps7143M) (Appellant) (Respondent) Assessee By : Ms. Vidhi Mangla, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 14.05.2025 O R D E R 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 06.06.2023 For Assessment Year 2011-12. 2. Brief Facts Of The Case Are, Assessee Has Filed Her Return Of Income For The Year Under Consideration On 29.09.2011 Declaring Total Income Of Rs.4,42,000/-. The Department Has Received Information From Office Of Ddit (Inv.), Unit 6 (3), New Delhi On 06.03.2018 That The Assessee Has Taken Bogus Accommodation Entry Amounting To Rs.17,25,000/- During Fy 2010-11 By Trading In The Penny Scrip I.E. M/S. Global Capital

For Appellant: Ms. Vidhi Mangla, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10Section 10(38)Section 115BSection 142(1)Section 143(2)Section 148Section 68

Department has received information from office of DDIT (Inv.), Unit 6 (3), New Delhi on 06.03.2018 that the assessee has taken bogus accommodation entry amounting to Rs.17,25,000/- during FY 2010-11 by trading in the penny scrip i.e. M/s. Global Capital 2 Markets Ltd. by the accommodation entry ... increase in price of shares in a short period of time. 5. In the conclusion, the Assessing Officer observed that the assessee has taken accommodation entries for claiming exempt income in guise of exempt LTCG, hence the LTCG on the sale of shares of Global Capital Markets Ltd. which