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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

Sanjeeta Chatterjee, Dubai vs. DCIT Intl. Taxation, Noida

ITA 2242/DEL/2024[2015-16]Status: DisposedITAT Delhi07 Apr 2025AY 2015-16

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