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“preponderance of probability”

Judicial DoctrinesEvidenceEvidence547 judgments

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

Leading authorities on preponderance of probability

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.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

PCIT v. Krishna Devi
126 Taxmann.com 80 · 2021 · High Court
249
citing judgments

The genuineness of share transactions, particularly those generating long-term capital gains, cannot be rejected solely based on general investigation reports, third-party statements, or a mere increase in share price, when the assessee provides comprehensive documentary evidence, without the Revenue bringing substantial evidence to the contrary.

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.

Mukesh R.Marolia v. Addl. CIT
6 SOT 247 · 2006 · ITAT
139
citing judgments

The department must substantiate its allegations of a bogus long term capital gain scheme; if not substantiated, the addition made by the Assessing Officer for purported bogus LTCG derived from the purchase/sale of shares cannot be sustained. An assessee's claim for long term capital gains exemption on share transactions should be allowed where documentation supports the transactions.

Delhi in Suman Poddar v. Income Tax Officer 99
112 Taxmann.com 330 · 2019 · Supreme Court
138
citing judgments

Exemption under Section 10(38) is not allowable for long-term capital gains arising from bogus share transactions involving penny stocks or manipulative dealings. The Income Tax Department can establish such a case based on the preponderance of probabilities where there is no genuine financial worth.

CIT v. Daulat Ram Rawatmull
103 ITR 344 · 1976 · High Court
97
citing judgments

The assessee is not required to prove the source of the source of funds, nor the origin of the origin of the funds. The onus is discharged if the identity of the creditor and the actual receipt of money are proved.

Judgments citing preponderance of probability

Parag Pritinath Dunung, Kolhapur vs. ITO, Ward 1(2), Kolhapur

In the result, appeal of the assessee is Partly Allowed

ITA 105/PUN/2025[2017-18]Status: DisposedITAT Pune27 May 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकरअपीलसं. / Ita No.105/Pun/2025 िनधा"रणवष" / Assessment Year: 2017-18 Parag Pritinath Dunung, V The Income Tax Officer, 1529, Cward, Laxmipuri, S. Ward-1(2), Kolhapur. Kolhapur – 416119. Pan: Aaypd2686B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil S Pathak & Shri Mayuresh Doshi – Ar’S Revenue By Shri Vinod Pawar – Dr Date Of Hearing 06/05/2025 Date Of Pronouncement 27/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, Dated 20.11.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit (A) Is Not Justified In Confirming The Addition Of Rs 74,91,000/- U/S 68 On Account Of Cash Balance Accumulated Out Of Undisclosed Sources Without Appreciating That The Assessee Has Explained Cash Balance Accumulated From The Regular Business In The Books Of Accounts.

Section 115BSection 143(3)Section 250Section 68

Ld.CIT(A) is not justified in confirming the addition of Rs 74,91,000/- only on the basis of theory of preponderance of probability. 3. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) is not justified in confirming the addition