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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

ACIT, CC-4(1), Kolkata vs. Sanjeev Kejriwal, Kolkata

In the result, appeals of the revenue in IT(SS)A Nos

ITA 2206/KOL/2024[2018]Status: DisposedITAT Kolkata06 May 2025

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील (तलाशियाां और अशिग्रहण)सं/It(Ss)A Nos.97 To 100/Kol/2024 & आयकर अपील सं /Ita No.1702/Kol/2024 (निर्धारण वर्ा /A.Ys.2014-15, 2016-17, 2017-18, 2012-13 & 2010-11) Rajputana General Commercial Dcit, Central Circle-4(1), Kolkata Vs Corporation Private Limited 33B, Sarat Bose Road, Kolkata Pan No. :Aabcr 2016 H & आयकर अपील सं/Ita No.2206/Kol/2024 (निर्धारण वर्ा /A.Ys.2018-2019) Sanjeev Kejriwal Acit, Central Circle-4(1), Kolkata Vs 6/1B, Palm Avenue, Kolkata Pan No. :Aevpk 7424 H (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Shri P.N.Barnwal, Cit-Dr, Shri Nicholas Murmu, Sr. Dr & Shri Manas Mondal, Sr.Dr निर्धाररती की ओर से /Assessee By : None सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 06/05/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Revenue Against The Separate Orders Dated 24.04.24, 31.05.24 & 03.06.24, Passed In The Case Of The Above Two Assessees By The Cit(A), Kolkata-27, For The Assessment Years 2010-2011, 2012-2013, 2014-2015, 2016-2017, 2017-2018 & 2018-2019, Respectively.

For Appellant: NoneFor Respondent: Shri Shri P.N.Barnwal, CIT-DR
Section 132(4)

Nos.97-100/KOL/2024 & ITA Nos.1702&2206/Kol/2024 on 26.10.2017 in the course of search wherein Shri Sanjeev Kejriwal has specifically admitted that he is providing accommodation entries to various persons and companies and the said entries were provided through bank accounts maintained by Shri Sanjeev Kejriwal, his wife Reetu Kejriwal, his father Shri ... that in the statement Shri Sanjeev Kejriwal has specifically admitted that he charges a commission ranging from 0.25% to 0.50% in respect of the accommodation entries. He had clarified that the cash was received and bogus bills, accommodation entries and payments through RTGS and cheques were made through the said

Deputy Commissioner of Income Tax, Central Circle - 4(1), Kolkata, Income Tax vs. Rajputana General Commercial Corporation Private Limited, Kolkata

In the result, appeals of the revenue in IT(SS)A Nos

ITA 1702/KOL/2024[2010]Status: DisposedITAT Kolkata06 May 2025

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील (तलाशियाां और अशिग्रहण)सं/It(Ss)A Nos.97 To 100/Kol/2024 & आयकर अपील सं /Ita No.1702/Kol/2024 (निर्धारण वर्ा /A.Ys.2014-15, 2016-17, 2017-18, 2012-13 & 2010-11) Rajputana General Commercial Dcit, Central Circle-4(1), Kolkata Vs Corporation Private Limited 33B, Sarat Bose Road, Kolkata Pan No. :Aabcr 2016 H & आयकर अपील सं/Ita No.2206/Kol/2024 (निर्धारण वर्ा /A.Ys.2018-2019) Sanjeev Kejriwal Acit, Central Circle-4(1), Kolkata Vs 6/1B, Palm Avenue, Kolkata Pan No. :Aevpk 7424 H (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Shri P.N.Barnwal, Cit-Dr, Shri Nicholas Murmu, Sr. Dr & Shri Manas Mondal, Sr.Dr निर्धाररती की ओर से /Assessee By : None सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 06/05/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Revenue Against The Separate Orders Dated 24.04.24, 31.05.24 & 03.06.24, Passed In The Case Of The Above Two Assessees By The Cit(A), Kolkata-27, For The Assessment Years 2010-2011, 2012-2013, 2014-2015, 2016-2017, 2017-2018 & 2018-2019, Respectively.

For Appellant: NoneFor Respondent: Shri Shri P.N.Barnwal, CIT-DR
Section 132(4)

Nos.97-100/KOL/2024 & ITA Nos.1702&2206/Kol/2024 on 26.10.2017 in the course of search wherein Shri Sanjeev Kejriwal has specifically admitted that he is providing accommodation entries to various persons and companies and the said entries were provided through bank accounts maintained by Shri Sanjeev Kejriwal, his wife Reetu Kejriwal, his father Shri ... that in the statement Shri Sanjeev Kejriwal has specifically admitted that he charges a commission ranging from 0.25% to 0.50% in respect of the accommodation entries. He had clarified that the cash was received and bogus bills, accommodation entries and payments through RTGS and cheques were made through the said

Smita Manoj Patane, Kolhapur vs. ITO 2(1) Kolhapur, Kolhapur

In the result, the appeal filed by the assessee in ITA

ITA 711/PUN/2024[2017-18]Status: DisposedITAT Pune05 May 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.437/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Diwakar Patane, Vs. Ito, Ward-2(1), 339/21/22/23, Vasant Kolhapur. Sahawas, Wing F-3, Shahupuri, Karveer- 416003. Pan : Aippp3853K Appellant Respondent आयकर अपील सं. / Ita No.711/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Samita Manoj Patane, Vs. Ito, Ward-2(1), Shop No.1 653/A, Kusum Kolhapur. Apartment, 2Nd Lane, Shahupuri- 416001. Pan : Amypp8375M Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 10.02.2025 : Date Of Pronouncement 05.05.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By Two Difference Assessees Are Directed Against The Different Order Dated 16.01.2024 Passed By Ld. Cit(A)/Nfac (In The Case Of Manoj Diwakar Patane) & Order Dated 21.03.2024 Passed By Ld. Cit(A), Pune-11 (In The Case Of Smita Manoj Patane) For The Assessment Year 2017-18 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.437/Pun/2024 For Assessment Year 2017-18 (In The Case Of Manoj Diwakar Patane) As The Lead Case For Adjudication.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath P. Murkunde
Section 133A

RTGS was given to his company Nav Maharashtra Chakan Oil Mill Pvt. Ltd. and the transaction of sales & purchase being the part of accommodation entries. 4. The learned CIT(A) erred in confirming the addition of Rs.1,89,02,000 made by AO on the grounds that assesse ... learned CIT(A) erred in confirming the entire addition of cash deposit and RTGS sent in the hands of assessee when transactions being accommodation entries and appellant being accommodation entry provider instead of addition of commission as per settled principle of law. The case laws relied

Manoj Diwakar Patane, Kolhapur vs. ITO Ward 2(1) Kolhapur, Kolhapur

In the result, the appeal filed by the assessee in ITA

ITA 437/PUN/2024[2017-18]Status: DisposedITAT Pune05 May 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.437/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Diwakar Patane, Vs. Ito, Ward-2(1), 339/21/22/23, Vasant Kolhapur. Sahawas, Wing F-3, Shahupuri, Karveer- 416003. Pan : Aippp3853K Appellant Respondent आयकर अपील सं. / Ita No.711/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Samita Manoj Patane, Vs. Ito, Ward-2(1), Shop No.1 653/A, Kusum Kolhapur. Apartment, 2Nd Lane, Shahupuri- 416001. Pan : Amypp8375M Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 10.02.2025 : Date Of Pronouncement 05.05.2025 : आदेश / Order Per Vinay Bhamore, Jm: These Appeals Filed By Two Difference Assessees Are Directed Against The Different Order Dated 16.01.2024 Passed By Ld. Cit(A)/Nfac (In The Case Of Manoj Diwakar Patane) & Order Dated 21.03.2024 Passed By Ld. Cit(A), Pune-11 (In The Case Of Smita Manoj Patane) For The Assessment Year 2017-18 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.437/Pun/2024 For Assessment Year 2017-18 (In The Case Of Manoj Diwakar Patane) As The Lead Case For Adjudication.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath P. Murkunde
Section 133A

RTGS was given to his company Nav Maharashtra Chakan Oil Mill Pvt. Ltd. and the transaction of sales & purchase being the part of accommodation entries. 4. The learned CIT(A) erred in confirming the addition of Rs.1,89,02,000 made by AO on the grounds that assesse ... learned CIT(A) erred in confirming the entire addition of cash deposit and RTGS sent in the hands of assessee when transactions being accommodation entries and appellant being accommodation entry provider instead of addition of commission as per settled principle of law. The case laws relied

Avinash S Sadamate ACIT Circle 3 3 1, Mumbai vs. Vijay Security Systems Private Limited, Mumbai

In the result, the grounds of appeal raised by the revenue are dismissed

ITA 1208/MUM/2025[2009-10]Status: DisposedITAT Mumbai05 May 2025AY 2009-10

Bench: Shri Pawan Singh(Physical Hearing) Acit Circle-(3)(3)(1) Vijay Security Systems Private Room No. 552, Aayakar Limited, 35 Chandivali Village Off Bhavan, M.K. Road, Vs. Saki Vihar Road, Andheri (East), Churchgate, Mumbai-400072. Mumbai-400020. Pan: Aaacv1363L (Appellant) .. (Respondent) Assessee By Shri. Sandeep Chaturvedi Ca Revenue By Ms. Pradnya Gholap, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 05/05/2025 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Revenue / Assessing Officer Is Directed Against The Order Of Learned Commissioner Of Income Tax (Ld. Cit(A)) Dated 24.01.2025 For A.Y. 2009-10. The Assessee Has Raised The Following Grounds Of Appeal: “ (1) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Treating The Assessment Completed Ex-Parte U/S.144 Of The Act Disregarding The Fact That Desired Details Called For Were Not Submitted Before The Ao I.E. Ito-11(3)(3) Having Jurisdiction Over The Case?" (Ii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Justified In Not Deciding The Appeal On Merit Of The Additions Made By Ao & In Fact, Not Considering The Fact That The Information Of Obtaining Accommodation Bills Towards Alleged Bogus Purchases Was Received From The Sales Department?" (Iii) "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Rightly Dismissed The Appeal Without Considering The Fact That The Genuineness Of The Details Submitted By The Assessee During Remand Proceedings By The Assessee Officer Could Not Be Ascertained In The Absence Of Parties Involved & The Same Was Not Questioned As Well By The Ld.Cit(A)?" Acit Vs Vijay Security Services (Iv) "The Appellant Craves Leave To Add, Amend And/Or Vary Grounds Of Appeal Before Or During The Course Of Hearing.”

Section 143(3)Section 144Section 148Section 254(1)Section 69C

case of assessee was proceeded under section 143(3). Later on, the case was reopened on the basis of information that assessee has obtained accommodation entry aggregating of Rs. 9,00,025/- from entities engaged in providing accommodation bills as informed by Sale tax Department. As per information the assessee ... shown from Riya Enterprises and Divine Packaging of Rs. 4,00,025/- and 5,00,000/- 2 ACIT Vs Vijay Security Services respectively as accommodation entry and added under section 69C in the assessment order dated 09.03.2015. Aggrieved by the additions in the assessment order, the assessee filed appeal before

Earth Homes Private Limited, Faridabad vs. ITO, Ward-8(1), New Delhi

ITA 833/DEL/2020[2013-14]Status: DisposedITAT Delhi01 May 2025AY 2013-14

Bench: Sh. Satbeer Singh Godara & Sh. Manish Agarwalita No. 832/Del/2025 : Asstt. Year : 2018-19 Ita No. 833/Del/2025 : Asstt. Year : 2019-20 Ita No. 834/Del/2025 : Asstt. Year : 2020-21 M/S S. N. Malhotra & Sons, Vs Dcit, 760, Ramesh Nagar, Central Circle-30, New Delhi-110015 New Delhi110055 (Appellant) (Respondent) Pan No. Aabfs6724N Assessee By : Sh. Dhani Ram Anthwal, Adv. & Sh. Rakesh, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 29.09.2025 Date Of Pronouncement: 29.09.2025 Order Per Satbeer Singh Godara: These Assessee’S Three Appeals In Ita Nos. 832, 833 & 834/Del/2025 For Assessment Years 2018-19, 2019-20 & 2020- 21 Arise Against The Cit(A)-30, New Delhi’S Din & Order No. Itba/Apl/M/250/2024-25/1071341134(1), 1071341700(1) & 1071341990(1) All Dated 18.12.2024, In Proceedings U/S 153C R.W.S. 143(3) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

For Appellant: Sh. Dhani Ram Anthwal, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 132Section 153C

Income Tax Act, 1961 (‘Act’) carried, on 26.10.2020, on Sanjay Jain & Mehta Group of cases revealed that the assessee had taken accommodation entries of Rs.43,16,444/- in the garb of purchases during the relevant year. Hence, the Assessing Officer (‘AO’), with detailed reasoning mentioned in the assessment order disallowed ... under: - “8. The evidence, including statements of Sanjay Jain and Nikhil Sachar, and the seized Tally data, unequivocally establishes that the purchases were accommodation entries. The absence of corresponding delivery challans or transport records further corroborates this conclusion. While the purchases are deemed bogus, the fact that the corresponding sales

Rajendra, Mumbai vs. DCIT Circle 19(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 759/MUM/2025[AACPR4430M]Status: DisposedITAT Mumbai30 Apr 2025

Bench: Shri Pawan Singh & Shri Omkareshwar Chidara(Physical Hearing) बनाम Rajendra, Dcit Circle 19(3), Mumbai 317, Prasad Chamber, Opera House, Vs Piramal Chambers, Charni Road, Mumbai – 400004. Lalbaug, Parel, Pan No. Aacpr 4430 M Mumbai-400012. अपीलार्थी/Appellant प्रत्यर्थी /Respondent ननर्ाारितीकीओिसे /Assessee By Ms. Ruby Srivastava & Shri Bharat Kumar Ar’S िाजस्वकीओिसे /Revenue By Shri Anil Gupta, Sr. Dr Date Of Institution Of Appeal 03.02.2025 27.02.2025 सुनवाईकीतािीख/Date Of Hearing उद्घोषणाकीतािीख/Date Of 30.04.2025 Pronouncement Order Under Section 254(1) Of Income Tax Act

Section 132(4)Section 143(1)Section 148Section 254(1)Section 68Section 69C

Shri Naresh Jain and his associate throughout Country on 19.03.2019. In the search action it was revealed that said group was indulging in providing accommodation entry in the form of bogus long term capital gain /short term capital loss or business loss to various beneficiaries. The said group was involved ... para-5 of assessment order. The AO also noted that Naresh Jain in his statement, recorded under section 132(4) admitted that he provided accommodation entry of penny stock, as recorded in para- 6 & 7 of assessment order. On the basis of such information, case of assessee was reopened