CIT v. Daulat Ram Rawatmull

87 ITR 349Supreme Court of India1973#124 most cited

What is CIT v. Daulat Ram Rawatmull authority for?

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

525

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Daulat Ram Rawatmull · 87 ITR 349 · Section 68 · Section 69A · onus of proof · burden of proof · apparent is not real · genuineness of transaction · cash credit · unexplained money · suspicion not evidence · sufficiency of evidence

Sections most often in play

Section 68Section 143(3)Section 153ASection 132Section 132(4)Section 148Section 69CSection 133(6)
Read the full judgment

Issues it is cited on

retraction of statementdumb documentscreditworthiness of the creditorbogus long term capital gainsection 132(4a)section 292csection 132(4)loose papersaddition under section 68section 10(38)section 127on-money

Judgments citing CIT v. Daulat Ram Rawatmull

Raj Kumari Agarwal, Jaipur vs. ACIT Cen Cir 2, Jaipur

ITA 1024/JPR/2024[2017-18]Status: DisposedITAT Jaipur26 Dec 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Smt Hitiesha Ruhela, Addl.CIT
Section 115BSection 133(6)Section 142(1)Section 143(2)Section 143(3)Section 68

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CIT v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

Yogesh Ginning Mill, Prop. Yogesh Chand Gupta, Govindgarh vs. ACIT, Circle I, Alwar

In the result, the appeals filed by the assessee are allowed

ITA 540/JPR/2024[2018-19]Status: DisposedITAT Jaipur12 Dec 2024AY 2018-19

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

For Appellant: Shri Paridhi Jain, AdvFor Respondent: Shri Gajendra Singh (Addl.CIT) a
Section 143(2)Section 143(3)Section 145(3)Section 250Section 68

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CIT v. Daulat Ram Rawatmal [1973] 87 ITR 349 Yogesh Ginning Mill vs. ACIT (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction…

Yogesh Ginning Mill, Prop. Yogesh Chand Gupta, Govindgarh vs. ACIT, Alwar

In the result, the appeals filed by the assessee are allowed

ITA 1045/JPR/2024[2017-18]Status: DisposedITAT Jaipur12 Dec 2024AY 2017-18

Bench: This Tribunal Which Were Passed By The Commissioner Of Income Tax (Appeal)- 4, Jaipur [ For Short Cit(A) ] Passed On Dates & F For The Assessment Years Mentioned As Tabulated Here In Below, In Turn Those Orders Were Arises Because The Assessee Has Yogesh Ginning Mill Vs. Acit

For Appellant: Shri Paridhi Jain, AdvFor Respondent: Shri Gajendra Singh (Addl.CIT) a
Section 143(2)Section 143(3)Section 145(3)Section 250Section 68

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CIT v. Daulat Ram Rawatmal [1973] 87 ITR 349 Yogesh Ginning Mill vs. ACIT (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction…

Girdhari Lal Choughary, Bellary vs. Income Tax Officer, Ward-1 & Tps, Bellary

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

ITA 2092/BANG/2024[2017-18]Status: DisposedITAT Bangalore11 Dec 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Years : 2017-18

For Appellant: Shri Balachandran, AdvocateFor Respondent: Shri Ganesh R Gale, Standing Counsel for Dept
Section 69A

…supported the order of the authorities below. 10. We have heard the rival contentions of both the parties and perused the materials on record. In tax matters, suspicion alone cannot replace evidence. The Hon'ble Supreme Court in CIT v. Daulat Ram Rawatmull (87 ITR 349) held that suspicion is not a substitute for proof. The mere fact that the AO had doubts about the necessity of holding cash does not, by itself, constitute sufficient evidence to treat the cash deposits as unexplained. The revenue has failed to bring any contrary evidence to suggest that the income declared by the assessee in earlier . Page 5 of…

ACIT, Circle-2(2)(1), Bangalore vs. Vastimal Bhim Raj Sancheti, Bangalore

In the result, the appeals of the Revenue are dismissed

ITA 441/BANG/2024[2016-17]Status: DisposedITAT Bangalore04 Dec 2024AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K

For Appellant: Shri. Prashanth GS, ARFor Respondent: Shri. Subramanian, JCIT(DR)(ITAT), Bengaluru
Section 68

…d that the requirement to substantiate the ‘source of source’ of funds is applicable only for share capital, share premium and share application and not for unsecured loans and he placed reliance on the Supreme Court decisions in CIT vs. Daulat Ram Rawatmall, 87 ITR 349 & CIT vs. Lovely Exports Pvt Ltd, 216 CTR 195. The AR submitted that the provisions of section 68 of the Act were amended by the Finance Act, 2022 by inserting the first proviso with effect from 01.04.2023. This proviso stipulates that where the sum credited consists of loans, borrowings, or any such amounts, the "source of the source" of such cre…

Assistant Commissioner of Income Tax, Cuddalore vs. Cholaji Kanniyalal, Kamaraj Street, Villupuram

In the result, appeal filed by the revenue is dismissed and cross objection filed by the assessee is dismissed

ITA 1674/CHNY/2024[2017-18]Status: DisposedITAT Chennai28 Nov 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1674/Chny/2024 & Co No.: 51/Chny/2024 िनधा"रणवष" / Assessment Year: 2017-18 Assistant Commissioner Of Cholaji Kanniyalal, Income Tax, V. No. 191, Kamaraj Street, Circle -1, Villupuram, Cuddalore – 607 002. Tamil Nadu – 605 602. [Pan: Aaepk-4555-E] (अपीलाथ"/Appellant) (Respondent/Cross Objector) Assessee By : Ms. Gouthami Manivasagam, Jcit Department By : Ms. Nidhi D. Jain, Ca सुनवाई की तारीख/Date Of Hearing : 02.09.2024 घोषणा की तारीख/Date Of Pronouncement : 28.11.2024

For Appellant: Ms. Gouthami Manivasagam, JCITFor Respondent: Ms. Nidhi D. Jain, CA
Section 139(1)Section 44ASection 68

…] 142 Taxmann.com 122 112 – 123 (Chennai ITAT) R.S. Diamonds India (P.) Ltd., vs. ACIT, [2022] 145 124-125 Taxmann.com 545 (Mumbai-ITAT) ACIT vs. Hirapanna Jewellers, [2021] 129 126-143 Taxmann.com 291 (Visakhapatnam ITAT) CIT vs. Daulat Ram Rawatmull, [1973] 87 ITR 349 144-153 10. The ld.AR submitted that the cash balance available as on 08.11.2016 was Rs.2,24,39,163/-, same was deposited into the :-9-: ITA. No: 1674/Chny/2024 & CO No: 51/Chny/2024 bank account during the demonetisation period to state that on an average approximately Rs.1,00,00,000/- to Rs.1,50,00,000/- is always available as closing cash bal…

Mohan Lal Ashok Kumar Saraf, Jaipur vs. DCIT Cen Cir 1, Jaipur

In the result, the appeal of the assessee is allowed as indicated hereinabove

ITA 879/JPR/2024[2017-2018]Status: DisposedITAT Jaipur28 Nov 2024AY 2017-2018
For Appellant: Shri Ankit Totuka, AdvocateFor Respondent: Ms. Alka Gautam, CIT-DR
Section 143(3)Section 68

…RAL CIRCLE-1 JAIPUR 72 ITR 807 (SC) are the landmark decisions. The radio lad down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The rato laid down in CIT Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee. under the facts available on record. A harmonious construction of section 106 of the evidence…

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 464/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Nov 2024AY 2017-18

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)
Section 143Section 69

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CII v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 463/JPR/2024[2016-17]Status: DisposedITAT Jaipur27 Nov 2024AY 2016-17

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)
Section 143Section 69

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CII v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

ACIT, Central Circle-2, Jaipur vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 462/JPR/2024[2015-16]Status: DisposedITAT Jaipur27 Nov 2024AY 2015-16

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)
Section 143Section 69

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CII v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

ACIT, CC-2, Jaipur, Income Tax Department vs. Chandra Mohan Badaya, Jaipur

In the result the four appeals filed by the assessee stands

ITA 427/JPR/2024[2014-15]Status: DisposedITAT Jaipur27 Nov 2024AY 2014-15

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)
Section 143Section 69

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CII v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

Chandra Mohan Badaya, Jaipur vs. DCIT, Central Circle-2, Jaipur

In the result the four appeals filed by the assessee stands

ITA 423/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Nov 2024AY 2017-18

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)
Section 143Section 69

…ad More [1969] 72 ITR 807 (SC) are the landmark decisions. The ratio laid down therein are that if the explanation of the assessee is unsatisfactory, the amount can be treated as income of the assessee. The ratio laid down in CII v. Daulat Ram Rawatmal [1973] 87 ITR 349 (SC) further throws light on the issue. In the case of a cash entry, it is necessary for the assessee to prove not only the identity of the creditor but also the capacity of the creditor and genuineness of the transactions. The onus lies on the assessee, under the facts available on record. A harmonious construction of section 106 of the evidence…

Assistant Commissioner of Income Tax 4(1)(1), Mumbai vs. Ankur Agrawal, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 2308/MUM/2024[2011-12]Status: DisposedITAT Mumbai25 Oct 2024AY 2011-12

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailassessment Year: 2011-12 Acit 4(1)(1), Mumbai Ankur Agrawal 2401, 2402, Anmol Pride, Opp. Vs. Patel Auto Petrol Pump, Off Sv Road Goregaon West, Mumbai- 400062. Pan: Akopa 7201 P (Appellant) (Respondent)

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Ajay Chandra, CIT, DR
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 271(1)(c)Section 68

…ough which unaccounted money of the Appellant has routed back to the Appellant in the garb of bogus Capital Gain. However, the AO has not discharged his initial and basic onus. In the case of CIT vs. Daulat Ram 21 Ankur Agrawal A.Y. 2011-12 Rawatmull (1973) 87 ITR 349 (SC) it was held that the onus to prove that apparent is not real is on the person who claims it to be so. The source of credit received in the bank account could not be held to be unexplained unless it was established that any unaccounted money was routed in his bank account of the Appellant in the garbs of capital gain. Further, not a shred of e…

Decputy Commission of Income Tax Central Circle-3(1), Kolkata vs. Chirag Jewellers, Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 1559/KOL/2024[2014-15]Status: DisposedITAT Kolkata21 Oct 2024AY 2014-15

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No. 1559/Kol/2024 Assessment Year: 2014-15 Dcit, Central Circle-3(1) Chirag Jewellers 110, Shantipally, Flat 17A, Rameshwara Mansion, 10/4A Vs Kolkata-700107 Elgin Road, Kolkata-700020 West Bengal [Pan : Aabfc7914L] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Shri Subhendu Datta, CIT DR
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68Section 69C

…Mad.) that while drawing the inference, it cannot be assumed in the absence of any material that there has been some illegalities in the assessee's transaction. Thus, more importantly, as held by the Hon'ble Supreme Court in CIT v. Daulat Ram Rawatmull [1973] 87 ITR 349 (SC), the onus of proving Chirag Jewellers; A.Y. 2014-15 that the appellant was not the real was on the party who claims it to be so. Bearing the above legal principles in mind, if we examine the case on hand, it is clear that the assessing officer issued show cause notice only in respect of one of the lender M/s. Fast Glow Distributors. The asses…

M/S Giriraj Enterprises, Pune vs. DCIT, Central Circle 1(1), Pune

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

ITA 427/PUN/2024[2015-16]Status: DisposedITAT Pune17 Oct 2024AY 2015-16

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(35)Section 132Section 133ASection 143(1)Section 143(2)Section 153A

…n'ble Supreme Court in the case of Omar Salav Mohamed Sait reported in (1950) [37 ITR 151] (SC) had held that no addition can be made on the basis of surmises, suspicion and conjectures in the case of CIT (Central) Kolkata vs Daulat Ram Rawatmull reported in [87 ITR 349], the Hon'ble Supreme Court held that, the onus to prove that the apparent is not the real is on the party who claims it to be so. The burden of proving a transaction to be bogus has to be strictly discharged by adducing legal evidences which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising an…

Amar Pratap Steels Private Limited, Jaipur vs. ITO, Ward-7(2), Jaipur

In the result, appeal of the assessee is partly allowed

ITA 108/JPR/2024[2013-14]Status: DisposedITAT Jaipur03 Oct 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Rohan Sogani, CAFor Respondent: Sh. Monisha Choudhary, Addl. CIT
Section 143(2)Section 143(3)Section 36Section 68

…h the procedure laid down in the law and fully evidenced. No defects have been pointed out in these. Therefore, the transaction must be accepted as genuine. We rely on the ratio laid down by the Hon’ble Supreme Court in the case of Daulat Ram Rawatmull (1973) 87 ITR 349 (SC), wherein it was held that the onus of proving that the apparent was not real was on the party who claimed it to be so. 1.5. Ld. AO framed the entire assessment, which was also upheld by ld. CIT(A), on the basic premise that unaccounted cash was handed over by the assessee company which in-turn got deposited in the 13 Amar Pratap Steels Pvt.…

Income Tax Officer, Ward-5(3), Nagpur vs. Shri Waman Mahadeorao Sarode, Nagpur

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 189/NAG/2022[2016-17]Status: DisposedITAT Nagpur24 Sept 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Smt. Veena AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 147Section 148Section 250(4)Section 56(2)(vii)

…e is not satisfactory. In the instant case, addition being purely on presumption, surmises and conjectures cannot override the evidences produced by the assessee in this behalf. Reliance is placed on following case laws: (i) CIT v. Daulat Ram Rawatmull [1973] 87 ITR 349 (SC). (ii) CIT v. Kulwant Rai [2007] 291 ITR 36/163 Taxman 585 (Delhi) (iii) Anand Prakash Soni v. Dy. CIT [2007] 12 SOT 17 (Jodh) (URO) 10 Shri Waman Mahadeorao Sarode (iv) CIT v. Smt. P.K. Noorjahan [1999] 237 ITR 570/103 Taxman 382 (SC). In the instant case, as discussed above, the appellant has satisfactorily explained the source of investme…

Academy for Global Education Services Private Limited, Mumbai vs. ITO, Mumbai

In the result, the appeal filed by the Assessee stands allowed

ITA 3860/MUM/2023[2011-12]Status: DisposedITAT Mumbai23 Sept 2024AY 2011-12

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2011-12

For Appellant: Shri Vimal Punmiya, CAFor Respondent: Shri Manoj Kumar Sinha, SR. D.R
Section 133(6)Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER Assessment Year: 2011-12 M/s. Academy for Global ITO Education Services Private Aayakar Bhawan, Limited Circle 15(1)(1), C-09, Konark Indraprastha, Vs. Mumbai Sarvoday Nagar, Nathur Village, Maharashtra Mulund West, Mumbai - 400080 PAN: AAHCA2596F (Appellant) (Respondent) Present for: Assessee by : Shri Vimal Punmiya, CA Revenue by : Shri Manoj Kumar Sinha, SR. D.R. Date of Hearing : 27 . 06 . 2024 Date of Pronouncement : 23 . 09 . 2024 O R D E R…

Tara Soni, Dausa vs. ITO Ward, Dausa

In the result, the appeal filed by the appellant stands allowed with no orders as to cost

ITA 13/JPR/2024[2015-16]Status: DisposedITAT Jaipur17 Sept 2024AY 2015-16
For Appellant: Shri Rohan Sogani, CAFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR
Section 10(38)Section 143(3)Section 263Section 69ASection 69C

…id down in the law and fully evidenced. No defects could be pointed out by the ld. AO. Therefore, these transactions must be accepted as genuine. Reliance is placed on the ratio laid down by the Hon'ble Supreme Court in the case of Daulat Ram Rawatmull (1973) 87 ITR 349 (SC), Wherein it was held that the onus of proving that the apparent was not real was on the party who claimed it to be so. The burden of proving a transaction to be bogus has to be strictly discharged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising interfere…

Nathu Lal Jain HUF, Jaipur vs. Income Tax Officer, Ward - 6(2), Jaipur

In the result, the appeal of the assesee is allowed with no orders as to costs

ITA 859/JPR/2024[2011-2012]Status: HeardITAT Jaipur11 Sept 2024AY 2011-2012

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Tanuj Agarwal, AdvFor Respondent: Smt. Monisha Choudhary, Addl. CIT-DR
Section 10(38)Section 139Section 148Section 68

…S ITO, WARD 6(2), JAIPUR The Hon'ble Supreme Court in the case of Omar Salay Mohamed Sait v CIT [1959] 37 ITR 151 (SC) had held that no addition can be made on the basis of surmises, suspicion and conjectures. In the case of CIT v. Daulat Ram Rawatmull [1973] 87 ITR 349 (SC) (SC) the Hon'ble Supreme Court held that the onus to prove that the apparent is not real is on the party who claims it to be so. The burden of proving a transaction to be bogus has to be strictly discharged by adducing legal evidences, which would directly prove the fact of bogusness or establish circumstance unerringly and reasonably raising…