2025 (9) TMI 521 - AT - Income Tax

Addition under section 68 as accommodation entry held unsustainable where transaction belonged to earlier assessment year despite later payment

ITAT Agra - AT held that the impugned addition under s. 68 as an accommodation entry was not sustainable for the assessment year under scrutiny. The ... Addition u/s 68 - Bogus accommodation entry receipts - AO has received specific information from the Investigation Wing as per which Vipin Garg has given a statement that he has provided accommodation entry to the assessee for the specific amount which was part of the information received by the AO HELD THAT:- Transaction matches with the statement recorded by Vipin Garg. After considering the statement of Vipin Garg and the information submitted by the assessee, I observe that assessee has concluded the transaction on 01.03.2010 which is relevant for AY 2010-11. Accordingly, assessee also recorded the sales transaction in AY 2010-11. I observe that assessee has received the payment for the above transaction in the AY 2011-12. The transactions recorded by the assessee matches with the statement given by Vipin Garg which is relating to AY 2010-11 not relevant for Assessment Year 2011-12. The AO cannot disallow an income as accommodation entry in the year of settlement i.e. in the next assessment year. Transaction was completed in AY 2010-11, therefore, the AO should have disallowed the same in AY 2010-11 and not in AY 2011-12. This is sales transaction and the income was already declared in the books, this is not expenditure which can be disallowed. Appeal of the assessee is allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the Assessing Officer (AO) can treat a receipt in the relevant year as an accommodation (bogus) entry and make an addition in the year of receipt when the underlying sale was completed and recorded in the previous assessment year. 2. Whether reliance on a statement of a third party (an alleged entry provider) is sufficient to classify a transaction as bogus for the purposes of making an addition, notwithstanding documentary evidence produced by the assessee indicating a bona fide sale and delivery. 3. Whether an addition treating a past-year sales transaction as a bogus accommodation entry can properly be made in the year of receipt when the transaction and accounting recognition occurred in an earlier year. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Year of taxation: Addition in year of receipt vs year of sale Legal framework: Income is taxable in the year in which it accrues or is received, subject to the accounting method and recognition in books; adjustments to income should ordinarily be made in the year to which the transaction pertains. Precedent Treatment: Not addressed in the text; the Court proceeded by applying the principle of matching the transaction date with the relevant assessment year. Interpretation and reasoning: The Court noted that the sale was concluded on 01.03.2010 and recorded in the books for the previous year (relevant to AY 2010-11), while payment was received in the subsequent year (AY 2011-12). The AO treated the payment received in AY 2011-12 as a bogus accommodation entry and made an addition in that year. The Tribunal observed that if the transaction were to be disallowed as accommodation entry, the disallowance should have been effected in the year in which the transaction was completed and accounted for (AY 2010-11), not the year of receipt. The Tribunal distinguished between income/expenditure recognition and the year in which the alleged accommodation entry was settled. Ratio vs. Obiter: Ratio - Additions or disallowances must relate to the year in which the transaction was completed and accounted for; an AO cannot, by treating a later receipt as an accommodation entry, retrospectively recharacterize the earlier accounting year's declared income by making an addition in the year of receipt. Conclusion: The addition in AY 2011-12 was unsustainable on the ground of year mismatch and was deleted; the correct course would have been to challenge or disallow the transaction in AY 2010-11. Issue 2 - Sufficiency of third-party statement to characterize a transaction as bogus Legal framework: Determination of genuineness of transactions requires adjudicatory evaluation of all relevant evidence on record; statements of third parties are evidence but must be weighed against documentary and other corroborative material. Precedent Treatment: Not cited in the text; the Tribunal applied evidentiary balancing principles. Interpretation and reasoning: The AO heavily relied on a statement by an alleged entry provider (Vipin Garg) asserting that entries were accommodation entries. The assessee produced invoices, lorry receipts, bank statements, sales recorded in earlier year's audited balance sheet and other documents evidencing sale and delivery. The Tribunal found that while the statement of the alleged entry provider matched certain transaction details, the existence of documentary evidence showing sale, dispatch through a carrier, and accounting recognition in the prior year undermined the AO's unilateral reliance on the third-party statement to treat the transaction as bogus in the year of receipt. The Tribunal further noted that the AO had opportunities to examine cogent material filed by the assessee but still proceeded on the basis of the third-party statement without contextualizing it against the documentary record for the relevant year. Ratio vs. Obiter: Ratio - A third-party statement cannot automatically override contemporaneous documents and audited books showing a completed sale in an earlier year; all evidence must be weighed and the year of transaction must be respected. Obiter - The statement of an entry provider may be relevant to proceedings in the year to which the statement relates (cross-reference to Issue 1). Conclusion: Reliance solely on the third-party statement to classify the transaction as an accommodation entry for AY 2011-12 was improper; the assessee's documentary proof of earlier year sale and delivery was sufficient to negate making the addition in the year of receipt. Issue 3 - Nature of transaction: Sale recorded as income in books vs expenditure disallowance paradigm Legal framework: Additions/disallowances under income tax law must be supported by appropriate reasoning; distinction exists between disallowing expenditures (which reduces profit) and treating receipts as bogus income addition depending on character and timing. Precedent Treatment: Not referred to; the Tribunal applied accounting and taxation principles distinguishing sales recognition from expenditure disallowance. Interpretation and reasoning: The Tribunal observed that the amount in question represented sales already declared in the books for the earlier year (i.e., income already recognized), not an expenditure that could be disallowed in the later year. Given that the income was recorded in the prior year, treating the later bank credit as a bogus entry and adding it to income in the current year was inconsistent with the accounting treatment and the AO's burden to align assessment adjustments with the year of transaction. The Tribunal emphasized that the AO cannot recharacterize past-year sales as bogus by making additions in a subsequent year of receipt when the books show the income in the correct prior year. Ratio vs. Obiter: Ratio - When sales have been recorded and the transaction was completed in an earlier year, the AO cannot convert a subsequent receipt into an actionable addition for that later year; the correct forum for challenge is the assessment year in which the sale was recorded. Conclusion: Because the receipt related to a sale already accounted for in the prior year, the AO's addition in AY 2011-12 was inappropriate and was deleted by the Tribunal. Cross-references and Integrated Conclusion All issues intersect on the core principle that adjustments to income must correspond to the year to which the transaction relates and must be founded on an appraisal of all relevant evidence. The Tribunal treated the third-party statement as not decisive against contemporaneous documentary evidence and accounting records showing the sale in the earlier year. Consequently, the disallowance/addition made in the year of receipt was reversed, with the observation that any challenge to the transaction as accommodation entry should have been prosecuted for the year in which the sale was completed and recorded.