Sumati Dayal v. CIT

214 ITR 801Supreme Court of India1995#12 most cited

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.

1,967

judgments rely on this decision, according to BharatTax’s citation analysis of 367,518 Indian tax judgments — from 2010 to 2026.

Also referred to as

Sumati Dayal v CIT · Section 68 · human probabilities · genuineness of transaction · true nature of transaction · accommodation entry · bogus capital gains · penny stock · look behind apparent form · preponderance of probability · colourable device · unexplained loans

Also reported as

80 Taxmann 89125 CTR 124

Issues it is cited on

Judgments citing Sumati Dayal v. CIT

DCIT, Non Corporate Circle - 2(1), Chennai vs. Shri Jayapal Sanjay, Chennai

In the result, the appeal of the revenue is allowed

ITA 1737/CHNY/2019[2015-16]Status: DisposedITAT Chennai19 Aug 2022AY 2015-16

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year: 2015-16 Deputy Commissioner Of Shri Jayapal Sanjay Income Tax, Non-Corporate 78/132, Dr. Radhakrishnan Circle-2(1), Chennai Salai, Mylapore, Room No. 320, 3Rd Floor, Vs. Chennai-600004. Wanaparthy Block, Aayakar (Pan: Aavps9647J) Bhavan, 121, M G Road, Nungambakkam, Chennai-34. (Appellant) (Respondent) Present For: Appellant By : Shri Suhrith Parthasarathy, Advocate Respondent By : Shri Ar V Sreenivasan, Addl. Cit Date Of Hearing : 25.05.2022 Date Of Pronouncement : 19.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Revenue Is Directed Against The Order Of Ld. Cit(A)-2, Chennai Vide Ita No. 161/2017-18/(A)-2 Dated 27.03.2019 Passed Against The Order Of Acit, Non-Corporate Circle-2, Chennai Dated 29.12.2017 U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2015-16. 2. Before Us Shri Suhrith Parthasarathy, Advocate Appeared On Behalf Of The Assessee & Shri Ar V Sreenivasan, Addl. Cit Appeared On Behalf Of The Revenue.

For Appellant: Shri Suhrith Parthasarathy, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(3)Section 48

…decision of Hon’ble jurisdictional High Court of Madras in the case of Smt. D. Zeenath (supra) wherein similar such payments have been held to be tantamounting to diversion of sale proceeds. 13. Hon'ble Supreme Court in the case of Sumati Dayal v. CIT [1995] 214 ITR 801 (SC) held that income tax proceedings are civil proceedings and the degree of proof required is to be judged by preponderance of probabilities. Further, the Hon’ble Apex Court in the case of CIT v Durga Prasad More [1971] 82 ITR 540 (SC) has held that the taxing authorities were not required to put on blinkers while looking at the documents produ…

DCIT-CC-7(3), Mumbai vs. Shri Majni Karamshi Patel, Mumbai

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

ITA 6128/MUM/2019[2014-15]Status: DisposedITAT Mumbai10 Aug 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyal, Accountat Member Dcit, Cc-7(3) Vs. Shri Manji Karamshi Room No. 655, Patel Aayakar Bhavan, Office No. 1, Patel M.K.Road, Bhavan-29, Vijaywadi, Mumbai.-400020. Dr. Nagindas N Shah Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent Co No. 45/Mum/2021 (A.Y: 2014-15) Shri Manji Karamshi Vs. Dcit, Cc-7(3) Patel Room No. 655, Aayakar Office No. 1, Patel Bhavan, Bhuvan-29, Vijaywadi, M.K .Road, Dr. Nagindas N Shah Mumbai-400002. Lane Chira Bazar, Mumbai – 400002. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpp0130D Appellant .. Respondent

For Appellant: Shri.Rushab Mehta.ARFor Respondent: Shri .T .Shankar.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 68

…s Pt Ltd, M/s Landmark Suppliers Pt Ltd and M/s Kingfisher Properties Pt Ltd made by the AO on account of unexplained cash credit u/s. 68 of the I.T. Act, 1961 without appreciating the fact that the Hon'ble Supreme Court in the case Sumati Dayal Vs CIT (1995) 214 ITR 801(SC) has held genuineness could validity be tested on the ground or principle of preponderance of human possibilities which form a valid ground or parameter for determining the genuineness." 2. The brief facts of the case are that the assessee is an individual and derives income from salary, income from house property and income from other source…