What is Sumati Dayal v. CIT authority for?

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.

How many judgments cite Sumati Dayal v. CIT?

1,967 judgments on BharatTax cite Sumati Dayal v. CIT (214 ITR 801), spanning 2010 to 2026.

Which sections of the Income Tax Act does Sumati Dayal v. CIT come up under?

It is most often cited in judgments turning on Section 68, Section 143(3), Section 147, Section 148, Section 142(1), Section 115BBE.

Sumati Dayal v. CIT (214 ITR 801)

ADIT Infrapower & Multitrading Pvt Ltd, New Delhi vs. Pr. CIT, Gurgaon

In the result, the appeal of the assessee is dismissed

ITA 4944/DEL/2019[2014-15]Status: DisposedITAT Delhi05 Sept 2023AY 2014-15

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 4944 /Del/2019 : Asstt. Year : 2014-15 Adit Infrapower & Multitrading Pvt. Vs Pcit, Ltd., Da-08, 2Nd Floor, Vikas Marg, Gurgaon Shakarpur, New Delhi-110092 (Appellant) (Respondent) Pan No. Aahca5582H Assessee By : None Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 10.08.2023 Date Of Pronouncement: 05.09.2023 Order Per Dr. B. R. R. Kumar:

For Appellant: NoneFor Respondent: Sh. P. Praveen Sidharth, CIT DR

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

…balance sheet etc, from the A.Os. of the subscribing companies/individuals. The AO is required to verify the genuineness of the transactions and whether the assessee has tried to give colour to his income. The Apex Court in the case of Sumati Dayal vs. CIT [214 ITR 801] held that the true 6 Adit Infrapower & Multitrading Pvt. Ltd. nature of a transaction has to be ascertained in the light of surrounding circumstances. Thus, it is now well settled that tax authorities are entitled to look into surrounding circumstances to find out the reality of a transaction by applying the test of human probability. Reliance…

Rajendra Babulal Malu, HUF, Kolhapur vs. Income-Tax Officer, Ward - 2, Ichalkaranji

In the result, the appeal filed by the assessee in ITA

ITA 1868/PUN/2018[2015-16]Status: DisposedITAT Pune04 Sept 2023AY 2015-16

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1867/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. Ito, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Abepm4622K Appellant Respondent आयकर अपील सं. / Ita No.1868/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Rajendra Babulal Malu, Vs. Ito, Ward-2, Huf, Ichalkaranji. 237, Manish Trading Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Aachr7709H Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri M. G. Jasnani Date Of Hearing : 29.08.2023 Date Of Pronouncement : 04.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Two Different Assessees Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)-2, Kolhapur [‘The Cit(A)’] Dated 03.10.2018 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.1867/Pun/2018 For The Assessment Year 2015-16 Are Stated Herein.

For Appellant: Shri Hari KrishanFor Respondent: Shri M. G. Jasnani

Section 10(38)Section 143(3)Section 68

…68 of the Act. Even on appeal before the ld. CIT(A), the conclusion reached by the Assessing Officer was confirmed invoking the doctrine of human probabilities placing reliance on the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT, 214 ITR 801 (SC) and CIT vs. Durga Prasad More, 82 ITR 540 (SC). This finding of the ld. CIT(A) confirming the action of the Assessing Officer is under challenge before us contenting that the appellant had discharged the onus of proving the genuineness of transactions of capital gains in respect of exemption u/s 10(38) of the Act. In a case involving identic…

Archana Rajendra Malu, Kolhapur vs. Income-Tax Officer, Ward - 4, Ichalkaranji

In the result, the appeal filed by the assessee in ITA

ITA 1867/PUN/2018[2015-16]Status: DisposedITAT Pune04 Sept 2023AY 2015-16

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1867/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. Ito, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Abepm4622K Appellant Respondent आयकर अपील सं. / Ita No.1868/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Rajendra Babulal Malu, Vs. Ito, Ward-2, Huf, Ichalkaranji. 237, Manish Trading Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Aachr7709H Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri M. G. Jasnani Date Of Hearing : 29.08.2023 Date Of Pronouncement : 04.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Two Different Assessees Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)-2, Kolhapur [‘The Cit(A)’] Dated 03.10.2018 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.1867/Pun/2018 For The Assessment Year 2015-16 Are Stated Herein.

For Appellant: Shri Hari KrishanFor Respondent: Shri M. G. Jasnani

Section 10(38)Section 143(3)Section 68

…68 of the Act. Even on appeal before the ld. CIT(A), the conclusion reached by the Assessing Officer was confirmed invoking the doctrine of human probabilities placing reliance on the decision of the Hon’ble Supreme Court in the case of Sumati Dayal vs. CIT, 214 ITR 801 (SC) and CIT vs. Durga Prasad More, 82 ITR 540 (SC). This finding of the ld. CIT(A) confirming the action of the Assessing Officer is under challenge before us contenting that the appellant had discharged the onus of proving the genuineness of transactions of capital gains in respect of exemption u/s 10(38) of the Act. In a case involving identic…

ACIT, Circle- 14(1)(1), Mumbai vs. M/S. Akshay Infrastructure Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2923/MUM/2022[2013-14]Status: DisposedITAT Mumbai04 Sept 2023AY 2013-14

Bench: Shri Br Baskaran & Shir Pavan Kumar Gadaleacit, Circle – 14(1)(1) Vs. M/S.Akshayinfrastructure Room No. 432, Pvt Ltd.102, 4Th Floor, Siddhivinayak Chsl, Aayakar Bhavan, Tilak Nagar, M.K. Road, Chembur, Mumbai- 400020. Mumbai-400089 Pan/Gir No. : Aahca2331A Appellant .. Respondent Assessee By : Mr.Ajaysingh&Yogeshjoijode.Ar Revenue By : Mr.Manoj Kumar.Dr Date Of Hearing 03.07.2023 Date Of Pronouncement 04.09.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi /Cit(A) Mumbai Passed U/Sec 250 Of The Act. The Revenue Has Raised The Fallowing Grounds Of Appeal. 1."On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Deleting The Addition Made By The A.O. Of Rs2,03,00,000/- On Account Of Disallowance U/S 68 Of The Income Tax Act Merely Relying On The Submissions Made By The A.R. Of The Assessee & On The Basis Of

For Appellant: Mr.AjaySingh&YogeshJoijode.ARFor Respondent: Mr.Manoj Kumar.DR

Section 143(2)Section 143(3)Section 68

…urga Prasad More 82 ITR 540. This case was altogether on different facts was relating to interpretation of deed of conveyance and is not applicable to the facts of the present case. AO has also cited the judgment of the Apex Court, in the case of Sumati Dayal 214 ITR 801This case is also not squarely applicable to the facts of the present case of the appellant. As per the provisions of Section 68 of the Income Tax Act, 1961, the appellant company must prove the following: (i) identity of the creditor; (ii) capacity of the creditor to advance moneyand (iii) genuineness of the transaction. The assessee has disc…

A.C.I.T., Circle -1, Guwahati vs. M/S. Seema Holding Pvt. Ltd., Kolkata

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 83/GTY/2023[2011-12]Status: DisposedITAT Guwahati01 Sept 2023AY 2011-12

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

…ve returned such huge returns on their investments. Finally, the Assessing Officer after relying on the judgement of the Hon’ble Apex Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 and in the case of Sumati Dayal vs. CIT [1995] 80 Taxman 89/ 214 ITR 801, treated these investments as bogus for the reason that the assessee has routed his own money in the guise of share capital and share premium and thus made the addition u/s 68 of the Act in the hands of the assessee. I.T.A. No. 80/GTY/2023 Assessment Year: 2010-11 C.O. No. 22/GTY/2023 Assessment Year: 2010-11 M/s. Potential Vincom Private Limi…

DCIT, Central Circle-1, Guwahatiu vs. Manohar Merchants (P) Ltd., Kolkata

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 82/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

…ve returned such huge returns on their investments. Finally, the Assessing Officer after relying on the judgement of the Hon’ble Apex Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 and in the case of Sumati Dayal vs. CIT [1995] 80 Taxman 89/ 214 ITR 801, treated these investments as bogus for the reason that the assessee has routed his own money in the guise of share capital and share premium and thus made the addition u/s 68 of the Act in the hands of the assessee. I.T.A. No. 80/GTY/2023 Assessment Year: 2010-11 C.O. No. 22/GTY/2023 Assessment Year: 2010-11 M/s. Potential Vincom Private Limi…

DCIT, Central Circle-1, Guwahati vs. Potencial Vincom (P) Ltd., Kolkata

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 81/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

…ve returned such huge returns on their investments. Finally, the Assessing Officer after relying on the judgement of the Hon’ble Apex Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 and in the case of Sumati Dayal vs. CIT [1995] 80 Taxman 89/ 214 ITR 801, treated these investments as bogus for the reason that the assessee has routed his own money in the guise of share capital and share premium and thus made the addition u/s 68 of the Act in the hands of the assessee. I.T.A. No. 80/GTY/2023 Assessment Year: 2010-11 C.O. No. 22/GTY/2023 Assessment Year: 2010-11 M/s. Potential Vincom Private Limi…

DCIT, Central Circle-1, Guwahati vs. Potencial Vincom (P) Ltd., Kolkata

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 80/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

…ve returned such huge returns on their investments. Finally, the Assessing Officer after relying on the judgement of the Hon’ble Apex Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 and in the case of Sumati Dayal vs. CIT [1995] 80 Taxman 89/ 214 ITR 801, treated these investments as bogus for the reason that the assessee has routed his own money in the guise of share capital and share premium and thus made the addition u/s 68 of the Act in the hands of the assessee. I.T.A. No. 80/GTY/2023 Assessment Year: 2010-11 C.O. No. 22/GTY/2023 Assessment Year: 2010-11 M/s. Potential Vincom Private Limi…

D.C.I.T., Circle-1, Dibrugarh vs. Vinod Bamalwa, Dibrugarh

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 66/GTY/2023[2013-14]Status: DisposedITAT Guwahati01 Sept 2023AY 2013-14