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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

Akhil Agrawal, Gwalior vs. PCIT, Gwalior

The appeal stand allowed in terms of our above order

ITA 181/AGR/2024[2014-15]Status: DisposedITAT Agra28 Mar 2025AY 2014-15

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.181/Agr/2024 (िनधा"रणवष" / Assessment Year: 2014-15) Shri Akhil Agarwal Pr. Cit बनाम/ C/O Shri Dina Nath Gyasital Gwalior Vs. Dal Bazar, Gwalior – 474001 "ायीलेखासं./जीआइआरसं./Tan/Gir No. Aeopa-3934-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Mahavir Atal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Sukesh Kumar Jain – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03.2025

For Appellant: Shri Mahavir Atal (CA) – Ld. ARFor Respondent: Shri Sukesh Kumar Jain – Ld. CIT-DR
Section 142(1)Section 143(1)Section 147

order would show that the assessee’s return of income was processed u/s 143(1). Pursuant to receipt of information that the assessee received accommodation entry of Rs.67.17 Lacs from Sharad Darak and his companies, the case was reopened to examine the same. After considering various replies of the assessee ... assessee was confronted with unsecure loans taken from various parties which were tabulated at para-3 of draft assessment order. The same include alleged accommodation entry of Rs.30 Lacs as taken from M/s Jay Jyoti India Pvt. Ltd. The assessee was also confronted with the investigation conducted by SEBI

Deputy Commissioner of Income Tax, Agra vs. Basant Infracon Pvt. Ltd., Agra

ITA 134/AGR/2024[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.133/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपीलसं./ Ita No.134/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Basant Infracon Pvt. Ltd. बनाम/ 1Sr Floor, Aayakar Bhawan 1/354, Transport Nagar, Vs. Sanjay Place, Agra-282002. Agra. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecb-7861-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain Cit – Ld. Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R

For Appellant: Shri Sukesh Kumar Jain CIT – Ld. DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 131(1)(d)Section 133(6)Section 143(3)Section 153ASection 68

Lacs from an entity by the name M/s L.S. Automobile and Finance Co. Pvt Ltd. (LSAFCL) which was held by Ld. AO to be accommodation entry. The assessee was alleged to the have received another accommodation entry of Rs.60 Lacs through its directors Shri Ajay Kumar Agrawal & Shri Anubhav Agrawal ... meagre share capital with no business. After perusal of bank statements, it was alleged by Ld. AO that LSAFCL was being used for accommodation entries. Finally, the impugned loan was added u/s 68 by relying on various judicial decisions. 2.3 With respect to M/s Maa Bhagwati Enterprises, the assessee submitted

Deputy Commissioner of Income Tax, Agra vs. Basant Infracon Private Limited, Agra

ITA 133/AGR/2024[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.133/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपीलसं./ Ita No.134/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Basant Infracon Pvt. Ltd. बनाम/ 1Sr Floor, Aayakar Bhawan 1/354, Transport Nagar, Vs. Sanjay Place, Agra-282002. Agra. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaecb-7861-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain Cit – Ld. Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R

For Appellant: Shri Sukesh Kumar Jain CIT – Ld. DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 131(1)(d)Section 133(6)Section 143(3)Section 153ASection 68

Lacs from an entity by the name M/s L.S. Automobile and Finance Co. Pvt Ltd. (LSAFCL) which was held by Ld. AO to be accommodation entry. The assessee was alleged to the have received another accommodation entry of Rs.60 Lacs through its directors Shri Ajay Kumar Agrawal & Shri Anubhav Agrawal ... meagre share capital with no business. After perusal of bank statements, it was alleged by Ld. AO that LSAFCL was being used for accommodation entries. Finally, the impugned loan was added u/s 68 by relying on various judicial decisions. 2.3 With respect to M/s Maa Bhagwati Enterprises, the assessee submitted

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 131/AGR/2024[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

Bhagwati Enterprises (Prop. Shri Paras Kumar Parashar). Going by the admission made by proprietor of that entity, Ld. AO alleged that the assessee received accommodation entry of Rs.700 Lacs and accordingly, the same was added to the income of the assessee u/s 68. Appellate Proceedings 3.1 The substantive findings

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 130/AGR/2024[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

Bhagwati Enterprises (Prop. Shri Paras Kumar Parashar). Going by the admission made by proprietor of that entity, Ld. AO alleged that the assessee received accommodation entry of Rs.700 Lacs and accordingly, the same was added to the income of the assessee u/s 68. Appellate Proceedings 3.1 The substantive findings

Dy. Commissioner of Income Tax, Agra vs. Pegasus Agro Industries Private Limited, Agra

The appeal stand dismissed

ITA 127/AGR/2024[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.127/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Peggasus Agro Industries Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan (Formerly Known As Bnr Overseas P. Ltd. Sanjay Place 503 Space Tower-2, Near Holy Public School Vs. Agra - 282001 Sikandra, Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aagcb-5997-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Shailender Shrivastava – Ld. Sr. Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Shailender Shrivastava – Ld. Sr. DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 245D(4)Section 68

that entity. The amount of Rs.143.95 Lacs was deposited in cash and thereafter, it was transferred to the assessee company. It was alleged that accommodation entry of Rs.143.95 Lacs was infused into the assessee company by making cash deposit in the account of Shri Maa Bhagwati Enterprises

Bipin Babu Agrawal, Mathura vs. ACIT, Central Circle, Agra

The appeal stands partly allowed

ITA 149/AGR/2022[2019-20]Status: DisposedITAT Agra28 Mar 2025AY 2019-20

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.149/Agr/2022 (िनधा"रणवष" / Assessment Year: 2019-20) Shri Bipin Babu Agarwal Dcit / Acit बनाम/ 16, Kamla Vihar Colony Central Circle Vs. Masani, Mathura 281 001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aawpa-0864-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri M. M. Agrawal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Kanpur-4 [Cit(A)] Dated 28-06-2022 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 30-09-2021. Having Heard Vehement Arguments Of Both The Sides & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. During The Year, The Assessee Being Resident Individual Carried Out Business Activities In Proprietorship Concern Namely M/S Parshant Silver Handicrafts. Assessment Proceedings 2.1 The Assessee’S Return Of Income Was Scrutinized Pursuant To Search Action On R.S. Bullion & Jewellers Group Of Cases At Mathura

For Appellant: Shri M. M. Agrawal (CA) – Ld. ARFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT-DR
Section 132Section 143(3)

payment to the assessee through cheque, the amount so kept was refunded which was found recorded on Page No.128. Thus, there was no accommodation entry as alleged to be received by the assessee. The assessee issued sales bills and delivered contracted goods in due course which were recorded in regular ... Rajjo MTR (Rs. 3,00,000/-) and same amounts have been received from these persons in the bank accounts. Thus the AO concluded that accommodation entries of Rs.45,61,754/- (Rs. 20,00,000/- + Rs. 25,61,754/-) are taken. 6.7 In page no. 2 of LP-01 sale/ purchase