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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

Suneel Kumar Agrawal, Lakhimpur Kheri vs. Income Tax Officer 3(5), Lakhimpur

In the result, the appeal of the assessee stands allowed

ITA 112/LKW/2023[2017-18]Status: DisposedITAT Lucknow13 Jun 2024AY 2017-18

Bench: Shri Sudhanshu Srivastavaa.Ys. 2017-18 Suneel Kumar Agarwal, Vs. Income Tax Officer-3(5), Old Galla Mandi, Lakhimpur - Kheri Lakhimpur Kheri-262701 Pan Agfpa 3061J (Appellant) (Respondent) Appellant By Shri P.K. Kapoor, Ca Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit( Dr) Date Of Hearing 20/03/2024 Date Of Pronouncement 13/06/2024 O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 10.02.2023 Passed By The Ld. Commissioner Of The Income Tax (Appeal) [Hereinafter Called The ‘Cit(A)’], Lucknow-3 For Assessment Year (Ay) 2017-18. 2.0 The Brief Facts Of The Case, As Appearing From The Assessment Order, Are That The Assessee Is Engaged In Trading Of Edible Oil, Food Grains, Khandsari, Sugar, Atta, Maida & Suji Etc. A Warrant U/S. 132A Of The Income Tax Act, 1961 (Hereinafter Called The ‘Act’) Was Served On The Assessee On 02.02.2017 & A Sum Of Rs.14,64,000/- Was Seized From The Possession Of The Assessee.

Section 132ASection 139(1)Section 153ASection 69A

Certificates from the three parties evidencing that they had made cash payments against purchase of sugar, the same cannot be brushed aside on preponderance of probability without producing counter evidence. In fact, the onus 10 was on the Department to establish that the evidence provided by the assessee was fabricated ... conclusive, there can exist no dispute, nor shall there be any doubt. In such a situation, the assessee cannot be condemned on preponderance of probability. The Hon'ble Apex Court in the case of ‘Krishna Nand Agnihotri vs. State of Madhya Pradesh’ (1997) 1 SCC 816 held that