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

Netlink Solutions (India) Limited, Mumbai vs. ACIT Circle 10(3)(1), Mumbai

In the result, appeal of the assessee is partly allowed and the appeal of the learned Assessing Officer is dismissed

ITA 1657/MUM/2019[2015-16]Status: DisposedITAT Mumbai22 Feb 2022AY 2015-16

Bench: Shri Vikas Awasthy, Jm & Shri Prashant Maharishi, Am The Dy. Commissioner Of M/S Netlink Solutions (India) Income-Tax, Pvt. Ltd. 10(3)(1), 57, Laxmi Plaza, 2Nd Floor, Room No.212, Laxmi Industrial Estate, Vs. Aayakar Bhawan, New Link Road, M.K. Road, Churchgate, Andheri West, Mumbai-400 020 Mumbai-400 069 (Appellant) (Respondent) Pan No. Aaacv3426V M/S Netlink Solutions (India) The Dy. Commissioner Of Pvt. Ltd. Income-Tax, 57, Laxmi Plaza, 10(3)(1), 2Nd Floor, Room No.212, Laxmi Industrial Estate, Vs. New Link Road, Aayakar Bhawan, Andheri West, M.K. Road, Churchgate, Mumbai-400 069 Mumbai-400 020 (Appellant) (Respondent)

For Appellant: S/Shri Madhur Agarwal, Adv &For Respondent: Shri C.T. Mathews, SR. AR
Section 10(38)Section 143Section 143(3)

…y concluded that the price of the above shares had been artificially hiked or lowered through circular trading in a complete violation of mechanism of stock exchange’. Relying on the decision of the Hon'ble Supreme Court in case of Sumati Dayal vs. CIT [1995] 214 ITR 801 (SC), he held that assessee has non-genuine capital gain or loss. However, he allowed the set off of the Capital Gain against Capital Loss and disallowed net capital loss of ₹12,05,287/-. Therefore, assessee as well as the learned Assessing Officer both are aggrieved and are in appeal by cross appeals before us. 012. Learned Authorised Represent…

The Dy. Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad vs. J.P.Fincorp Service Pvt. Ltd, Ahmedabad

In the result, the appeal filed by the Revenue is hereby dismissed

ITA 2517/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2012-13

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedsr. Asstt. Name Of Name Of Ita/It(Ss)A No. Year Appellant Respondent J. P. Fincorp Services Pvt. Ltd. Dcit Iscon House, Opp Circle-1(1)(1), Associated Petrol 1. 2012-13 Ahmedabad-380015 Pump, Off C G Road, Ahmedabad-380009 Pan:Aabcj8599F Ambe Tradecorp Pvt. Ltd. [Formerly Known As J. P. Fincorp Services Pvt. Ltd. Dcit C.O. No. 2012-13 2. “Iscon House”, Opp. Circle-1(1)(1), 199/Ahd/2016 Associated Petrol Ahmedabad-380019 Pump, Off. C. G. Road, Ahmedabad- 380015 Pan:Aabcj8599F (Applicant) (Responent) : Ms. Nupur Shah, Ca Assessee By : Shri Ajay Pratap Singh, Cit Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 20/12/2021 घोषणा क" तारीख /Date Of Pronouncement: 28/01/2022 आदेश/O R D E R

For Appellant: Shri Ajay Pratap Singh, CIT DR
Section 132Section 143(3)Section 68

…out through banking channel is not sufficient. As such the same should also be proven by circumstantial surrounding evidences as held by the Hon’ble supreme court in case of Durga Prasad More reported in 82 ITR 540 and in case of Smt. Sumati Dayal reported in 214 ITR 801. 21.1 The last stage comes to verify the creditworthiness of the parties. The term creditworthiness as per Black Law Dictionary refers as: "creditworthy, adj. (1924) (Of a borrower) financially sound enough that a lender will extend credit in the belief default is unlikely; fiscally healthy-creditworthiness.” 21.2 Similarly in The New Lexicon We…