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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

ITO-19(3)(1), Mumbai vs. Raichand Parasmal Chokshi, Mumbai

In the result, both the appeals by the revenue are dismissed

ITA 1486/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, 305, Ashirwad Building, Lalabaug 10Th Khetwadi Lane, Vs. Mumbai 400012 Mumbai 400004. (Pan: Aaapc6486C) (Appellant) (Respondent) Assessment Year: 2017-18 Income Tax Officer 19(3)(1) Raichand Parasmal Chokshi 405, Piramal Chambers, Huf Lalabaug 305, Ashirwad Building, Mumbai 400012 Vs. 10Th Khetwadi Lane, Mumbai 400004. (Pan: Aaahr1005A) (Appellant) (Respondent) Present For: Assessee : Shri Umang Shah, Ca Revenue : Shri R.R. Makwana, Addl. Cit Date Of Hearing : 23.01.2025 Date Of Pronouncement : 22.04.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By The Revenue Are In The Case Of An Individual & Huf Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac) Delhi, Vide Order No. Itba/Nfac/S/250/2023- Ay 2017-18 24/1060184522(1) Dated 29.01.2024 For Individual & Order No. Itba/Nfac/S/250/2024-25/1064573907(1), Dated 02.05.2024 For The Huf, Passed Against The Assessment Orders By Income Tax Officer 19(3)(1), Mumbai U/S. 144 R.W.S 147 Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 29.05.2023 & 21.04.2023, Respectively For Individual & Huf For Assessment Year 2017-18. 2. Appeal In Ita No. 1486/Mum/2024 Is By The Individual & That In Ita No. 3374/Mum/2024 Is By The Huf With The Present Individual As Its Karta. Common Issue Is Involved In Both The Appeals By The Revenue, Raising Identical Grounds Except For Variation In The Quantum Of Addition Made By The Ld. Assessing Officer. Accordingly, Grounds Taken By The Revenue In The Case Of Individual In Ita No. 1486/Mum/2024 Are Reproduced As Under:

For Appellant: Shri Umang Shah, CAFor Respondent: Shri R.R. Makwana, Addl. CIT
Section 10Section 10(38)Section 144Section 68

assessee had engaged in trading activities of shares in M/s. Monotype India Ltd, which was flagged as a penny stock and allegedly used for accommodation entry purposes in the grab of Long Term Short Term Capital Gain or Loss ?" 3. Whether on the facts and the circumstances of the case ... Since assessee traded in the scrip of Monotype, it was alleged that assessee had brought its unaccounted money in the books of account through accommodation entry involving sale and purchase of this alleged penny scrip. 3.1. Assessee purchased 3,00,000 shares as per contract note at price

Vipin Jain & Sons HUF, Delhi vs. ITO, Ward- 56(2), New Delhi

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

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

credits, is not substantiated by any credible evidence. Significantly, there is a glaring absence of any material that would indicate the assessee used an accommodation entry provider for the purpose of creating fictitious long-term capital gains. The void in material evidence makes it patently unjust to charge the assessee ... Rachak Vinmay Pvt. Ltd. who had purchased the shares of Alps Motors Finance Limited were run by him and have been used to provide accommodation entry for bogus LTCG. Entirely based or this statement, the assessee’s Long term capital gain has been disbelieved and added under section

ACIT, New Delhi vs. M/S. Linkwise Marketing Pvt. Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 6659/DEL/2016[2013-14]Status: DisposedITAT Delhi09 Apr 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shris.Rifaur Rahmanacit, Central Circle 3, Vs. M/S. Linkwise Marketing Private Ltd., New Delhi. Room No.107, Anand Jyoti Building, Netaji Subhas Road, Kolkata – 711 204 (West Bengal). (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Revenue By : Ms. Baljeet Kaur, Cit Dr Date Of Hearing : 28.01.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [For Short “Ld. Cit(A)”] Dated 26.10.2016 For The Assessment Year 2013-14 Raising Following Grounds Of Appeal :- “1. The Order Of Ld. Cit (A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Cit(A) Has Erred In Deleting The Addition Of Rs.3,00,00,000/- Made By A0 On Account Of Cash Credit In The Form Of Shares.

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Baljeet Kaur, CIT DR
Section 127Section 132Section 143(2)Section 153ASection 153C

companies and his statement was recorded which was given at page 5 & 6 of the assessment order. Further, statement of another accommodation entry provider, Shri Sujit Kumar Bose was also recorded and is placed at pages 6 & 7 of the assessment order. During assessment proceedings, various notices were issued

Inderpal Singh Chhabra, Rourkela vs. ACIT, Rourkela

In the result, appeal of the assessee is allowed

ITA 450/CTK/2024[AY 2018-19]Status: DisposedITAT Cuttack08 Apr 2025

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.450/Ctk/2024 (नििाारण वर्ा / Assessment Year : 2018-2019) Inderpal Singh Chhabra Vs Acit, Circle Rourkela Prop: Essar Enterprises Daily Market, C/O Crazy Cool, Main Rd, Po/Ps : Rourkela, Dist : Sundargarh Pan No. :Ajlpc 6337 J (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra & Shri Baidyanath Behera, Advocates राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/04/2025 घोषणा की तारीख/Date Of Pronouncement : 08/04/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Dated 04.09.2024 In Din & Order No.Itba/Nfac/S/250/2024-25/1068345718(1)), For The Assessment Year 2018-19. 2. Shri P.K.Mishra, Advocate Appeared On Behalf Of The Assessee. Shri Sanjay Kumar, Ld Cit Dr Represented On Behalf Of The Revenue. 3. The Assessee Is Engaged In The Transportation Of Coal & Trading In Coals. It Was Submitted By Ld Ar That The Original Return Filed By The Assessee Came To Be Processed U/S.143(3) Of The Act By The Nfac & The Assessment Came To Be Completed On 10.02.2021 Accepting The Returned Income. Ld Ar Drew Our Attention To Page 3 Of The Paper Book

For Appellant: Shri P.K.Mishra & Shri BaidyanathFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 142(1)Section 143(3)Section 206CSection 43B

thereby evade Income-Tax From the list of beneficiaries, it is seen that Inderpal Singh Chhabra is one such beneficiary who has received accommodation entry from Mis, Rachel Realtors Pvt. Ltd. one of the many shell companies controlled by Shet. Niraj Kumar Nathani during the F.Y. 2017-18 as under