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

Mr Jitesh Banwari Bhargav, Mumbai vs. ITO 24 (2)(2), Mumbai

The appeal stands allowed for statistical purposes

ITA 7908/MUM/2019[2014-15]Status: DisposedITAT Mumbai12 Jul 2021AY 2014-15

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.7908/Mum/2019 (िनधा"रण वष" / Assessment Year: 2014-15) Shri Jitesh Banwari Bhargav Ito-24(2)(2) बनाम/ Room No.514, 5Th Floor B/501, Pratik, Jp Road Opp. Dhake Colony, D.N.Nagar, Piramal Chambers Vs. Andheri (W), Mumbai – 400 053 Parel, Mumbai - 400012 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afvpb-3415-J (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Girish Dave-Ld. Ar Revenue By : Shri S.S.Iyengar – Ld. Dr सुनवाई की तारीख/ : 16/04/2021 Date Of Hearing घोषणा की तारीख / : 12/07/2021 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Girish Dave-Ld. ARFor Respondent: Shri S.S.Iyengar – Ld. DR
Section 10(38)Section 143(3)Section 68Section 69C

…e did not tender any cogent evidence to explain as to how the shares of an unknown company worth Rs.5/- had jumped to Rs.485/- in no time. Finally, the assessee’s appeal was not admitted. The ratio of decision of Hon’ble Supreme Court in Sumati Dayal V/s CIT (214 ITR 801) as well as in Kanwar Natwar Singh was also noted while adjudicating the issue. 5.3 It was further observed by Ld. CIT(A), in para-7.4, that the scrip dealt with by the assessee was identified as penny stock because the share prices were not based on business results but the same were inflated by insider’s trading solely to generate bogus capital…