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“colourable device”

Judicial DoctrinesMcDowellMcDowell721 judgments

The decision most relied on for colourable device is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on colourable device

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

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.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

Union of India v. Azadi Bachao Andolan
263 ITR 706 · 2003 · Supreme Court
691
citing judgments

A citizen is free to carry on business within the law, and mere tax planning without a motive to evade taxes through colorable devices is not frowned upon. The liability to taxation, for the purpose of tax treaty application, is a legal situation, not the fiscal fact of actual payment.

Sanjay Bimalchand Jain v. PCIT-1, Nagpur
89 Taxmann.com 196 · 2018 · High Court
251
citing judgments

The exemption for long-term capital gains on share transactions is unavailable if the assessee fails to discharge the onus of proving the genuineness of gains arising from dubious share transactions designed to convert unaccounted income into tax-exempt capital gains. Courts will uphold an assessment based on the Revenue's evidence of price rigging or penny stock manipulation if the assessee cannot provide cogent evidence for the abnormal rise in share value.

CIT v. Jamnadevi Agarwal
328 ITR 656 · 2010 · High Court
230
citing judgments

When faced with allegations of bogus long-term capital gains from penny stocks, the Assessing Officer must discharge the onus of proving that the assessee's transactions were not genuine. The assessee can rely on the principle of preponderance of probability, and the Revenue must present substantial evidence to establish that the transactions were a colourable device or that the assessee was an entry operator.

Vodafone International Holdings BV v. Union of India
6 SCC 613 · 2012 · Supreme Court
216
citing judgments

Tax planning is legitimate only if it is within the framework of law. Colourable devices cannot be part of tax planning, and it is wrong to encourage avoiding tax through dubious methods.

CIT v. George Williamson (Assam) Ltd.
284 ITR 619 · 2006 · High Court
111
citing judgments

An assessee may manage tax affairs to attract lower tax as permitted by law, and a genuine sale and leaseback transaction that provides substantial benefit is not a colourable device for tax avoidance.

CIT v. Smt. Jasvinder Kaur
357 ITR 638 · 2013 · Reported
91
citing judgments

The benefit of Section 10(38) for long-term capital gains is not available when transactions in penny stocks are found to be part of a scheme involving price manipulation or accommodation entries, indicating the gains are not genuine and lack actual investment.

Judgments citing colourable device

The ITO, Ward-1(1)(1), Ahmedabad vs. M/S. Adinath Ornaments Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 553/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad09 Apr 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.553/Ahd/2022 निर्धारण वर्ष / Assessment Year : 2017-18 Ito Ward-1(1)(1), Ahmedabad बनाम/ V/S. M/S. Adinath Ornaments Pvt. Ltd. 2, Dipawali Centre, Opp. Old High Court, Navrangpura, Ahmedabad – 380 009 स्थायी लेखा सं./Pan: Aafca9867K अपीलार्थी/ (Appellant) प्रत्यर्थी/ (Respondent) Assessee By: Shri Aseem L Thakkar, Ar Revenue By: Shri B. P. Srivastava, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 03/04/2025 घोषणा की तारीख /Date Of Pronouncement: 09/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Dated 21.10.2022 Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Year 2017-18, Arising From The Assessment Order Dated 30.12.2019 Framed Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] By The Income Tax Officer, Ward 1(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”]

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri B. P. Srivastava, Sr. DR
Section 115BSection 143(3)Section 145(3)Section 40A(3)Section 68

unregistered (URD) purchases made in the same month of July. This contradicted normal business behaviour and was a pointer towards accommodation entries or colourable device to explain cash deposit. ITA No.553/Ahd/2022 ITO vs. M/s. Adinath Ornaments Pvt. Ltd. Asst. Year: 2017-18 5 5.1 It was further submitted that despite

Vipin Jain & Sons HUF, Delhi vs. ITO, Ward- 56(2), New Delhi

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

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

disbelieving the transaction backed by all documents. AO has to conduct some kind inquiry to find out that transaction is sham or is colourable device. Here it is not the case that transaction of the assessee, both in case of purchase and sale are effected by any bogus entities controlled ... material has been gathered or found in some inquiry or investigation to indicate that transaction undertaken by the assessee is sham or is a colourable device, If the shares are recorded in the books and are appearing in physical form and then 19 have been dematerialized and purchase of such