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“human probabilities”

Judicial DoctrinesSection 68Section 682,056 judgments

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

Leading authorities on human probabilities

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.

PCIT v. Swati Bajaj
139 Taxmann.com 352 · 2022 · High Court
443
citing judgments

Tax authorities are entitled to examine surrounding circumstances and apply the test of human probabilities to determine the genuineness of long-term capital gains arising from the sale of manipulated penny stock, even if prima facie documents appear to support the transaction.

Nemi Chand Kothari v. CIT
330 ITR 1 · 2011 · Supreme Court
73
citing judgments

An appellate order is perverse and unsustainable if it deletes an addition made under Section 40A(3) of the Income-tax Act by admitting additional evidence without providing the Assessing Officer an opportunity to examine or rebut it, thereby violating principles of natural justice.

PCIT v. NDR Promoters Ltd.
410 ITR 379 · 2019 · High Court
70
citing judgments

The assessee has the onus to prove the identity, creditworthiness, and genuineness of share capital and share premium subscribers under Section 68; merely providing documentation is insufficient if transactions are found to be sham, justifying additions.

CIT v. Sree Meenakshi Mills Rs. 73.5
63 ITR 609 · 1967 · Supreme Court
59
citing judgments

The tax authorities can look beyond the legal form of a transaction and disregard the corporate entity if it is used for tax evasion or to create a smoke screen. The assessee bears the burden of proving the identity, creditworthiness, and genuineness of transactions, and the true nature of a transaction is determined based on surrounding circumstances and human probabilities, not requiring proof beyond reasonable doubt.

426 (Rajasthan) 14. Woodword Governors India v. CIT
253 ITR 745 · 2002 · High Court
45
citing judgments

Reasonable cause, in the context of human action, is defined as a probable cause that would compel an ordinarily prudent person, acting on an honest and reasonably grounded belief, to conclude their action was appropriate.

Balbir Chand Maini v. CIT
12 Taxmann.com 276 · 2011 · High Court
45
citing judgments

When an assessee fails to establish the genuineness of long-term capital gain from share transactions, especially when share prices are artificially inflated, the sale proceeds can be added as unexplained cash credit under section 68. The 'human probability test' is a valid tool to assess the veracity of such transactions.

Judgments citing human probabilities

Brij Lata Gupta, Kolkata vs. ITO, Ward - 34(1), Kolkata

In the result the appeal of the assessee is allowed

ITA 1639/KOL/2017[2013-14]Status: DisposedITAT Kolkata24 Oct 2018AY 2013-14

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 1639/Kol/2017 Assessment Year: 2013-14 Smt. Brij Lata Gupta………….…………….………………………………………………....….……..Appellant Fe-249, Salt Lake City Sector-Iii Kolkata – 700 106 [Pan : Adopg 5085 E] Income Tax Officer, Ward 34(1), Kolkata…………………..……………………....………..Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Addl. Cit, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 8Th, 2018 Date Of Pronouncing The Order : October 24Th , 2018 O R D E R Per J. Sudhakar Reddy :-

Section 10(38)Section 250

order relied upon “circumstantial 2 I.T.A. No. 1639/Kol/2017 Assessment Year: 2013-14 Smt. Brij Lata Gupta evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert the evidence filed ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases were detailed finding which are listed below :- Sl.No

Premlata Agarwal, Siliguri vs. ITO, Ward - 2(4), Siliguri

In the result the appeal of the assessee is allowed

ITA 874/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Premlata Agarwal……………...……………...........…………..………………………………..….…….........Appellant Neelam Agarwal C/O. Subash Agarwal & Associates Siddha Gibson 1, Gibson Lane Suite-213 2Nd Floor Kolkata – 700 069 [Pan : Accpa 8188 P] Vs. Income Tax Officer, Ward-2(4), Siliguri…..……………………………………………..…..............Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Saurav Kumar, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 25Th, 2018 Date Of Pronouncing The Order : October 5Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 13, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 21/02/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of First Financial Services Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250Section 69C

appeal and the ld. CIT(A), had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases were detailed finding which are listed below :- Sl.No

Smt. Sabita Gupta, Kolkata vs. ITO, Ward - 45(2), Kolkata

In the result the appeal of the assessee is allowed

ITA 864/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Smt. Sabita Gupta………………...……………...........…………..………………………………..….…….........Appellant 132, Cotton Street 1St Floor Kolkata – 700 007 [Pan : Aczpg 5987 F] Vs. Income Tax Officer, Ward-45(2), Kolkata..……………………………………………..…..............Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Saurav Kumar, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 25Th, 2018 Date Of Pronouncing The Order : October 5Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 13, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 21/02/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Unno Industries Limited & M/S. Ncl Research & Financial Services Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250

appeal and the ld. CIT(A), had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases were detailed finding which are listed below :- Sl.No

Neeraj Gupta, Kolkata vs. ITO, Ward - 44(1), Kolkata

In the result the appeal of the assessee is allowed

ITA 863/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Neeraj Gupta……………………...……………...........…………..………………………………..….…….........Appellant 132, Cotton Street 1St Floor Kolkata – 700 007 [Pan : Adapg 0346 E] Vs. Income Tax Officer, Ward-44(1), Kolkata..……………………………………………..…..............Respondent Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Saurav Kumar, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 25Th, 2018 Date Of Pronouncing The Order : October 5Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 13, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 28Th February, 2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Unno Industries Limited & M/S. Ncl Research & Financial Services Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250

appeal and the ld. CIT(A), had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases were detailed finding which are listed below :- Sl.No

Santosh Choraria, Kolkata vs. ITO, Ward - 36(3), Kolkata

In the result the appeal of the assessee is allowed

ITA 521/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Santosh Choraria………………...……………...........…………..………………………………..….…….........Appellant 408, Marshall House Flat-413 25, Strand Road Kolkata – 700 001 [Pan : Acdpc 1830 F] Vs. Income Tax Officer, Ward-36(3), Kolkata..……………………………………………..…..............Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Assessee. Shri P.K. Mondal, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 24Th, 2018 Date Of Pronouncing The Order : October 5Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 10, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 12Th February, 2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Essar India Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250

upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and 2 Assessment Year: 2014-15 Santosh Choraria “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases where detailed finding were given are listed below

Kamala Devi Mohta, Kolkata vs. ITO, Ward - 45(3), Kolkata

In the result the appeal of the assessee is allowed

ITA 387/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2014-15 Kamala Debi Mohta………………..…………...........…………..………………………………..….…….........Appellant Flat-1A Floors Castlake District 74, Maulana Abul Kalam Azad Road Phoolbagan Kolkata – 700 054 [Pan : Adqpm 9713 M] Vs. Income Tax Officer, Ward-45(3), Kolkata..……………………………………………..…..............Respondent Appearances By: Shri S.L. Kocchar, Advocate, Appeared On Behalf Of The Assessee. Shri P.K. Mondal, Addl. Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 24Th, 2018 Date Of Pronouncing The Order : October 5Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 13, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 30Th November, 2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S. Kailash Auto Finance Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

Section 10(38)Section 250

appeal and the ld. CIT(A), had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to controvert ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases were detailed finding which are listed below :- Sl.No

Harish Kumar Jain, Kolkata vs. ITO, Ward - 34(3), Kolkata

In the result the appeal of the assessee is allowed

ITA 1404/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am] Assessment Year : 2014-15 Harish Kumar Jain -Versus- I.T.O., Ward-34(3), Kolkata Kolkata (Pan: Acspj 6317 R) (Appellant) (Respondent) For The Appellant: Shri A.K. Tibrewal, Fca & Shri Amit Agarwal, Advocate For The Respondent: Shri Piyush Mukherjee, Addl. Cit, Sr. Dr Date Of Hearing : 03.10.2018 Date Of Pronouncement : 05.10.2018 Order Per J.Sudhakar Reddy, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax-(A)-10, Kolkata Dated 24.05.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act ‘) Relating To A.Y. 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S Kailash Auto Finance Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

For Appellant: Shri A.K. Tibrewal, FCA & Shri Amit Agarwal, AdvocateFor Respondent: Shri Piyush Mukherjee, Addl. CIT, Sr. DR
Section 10(38)Section 250Section 69C

Kolkata, had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to ITA No.1404/Kol/2018 Harish Kumar Jain A.Y.2014-15 ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases where detailed finding were given are listed below

Smt. Bina Agarwal, Kolkata vs. ITO, Ward - 34(1), Kolkata

In the result the appeal of the assessee is allowed

ITA 1403/KOL/2018[2014-15]Status: DisposedITAT Kolkata05 Oct 2018AY 2014-15

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am] Assessment Year : 2014-15 Smt. Bina Agarwal -Versus- I.T.O., Ward-34(1), Kolkata Kolkata (Pan: Acgpa 6318 K) (Appellant) (Respondent) For The Appellant: Shri Subash Agarwal, Advocate For The Respondent: Shri Piyush Mukherjee, Addl. Cit, Sr. Dr Date Of Hearing : 03.10.2018 Date Of Pronouncement : 05.10.2018 Order Per J.Sudhakar Reddy, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax-(A)-10, Kolkata Dated 25.04.2018 Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act ‘) Relating To A.Y. 2014-15. 2. The Sole Issue That Arises For My Adjudication Is Whether The Assessing Officer Was Right In Rejecting The Claim Of The Assessee That He Had Earned Long Term Capital Gains On Purchase & Sale Of The Shares Of M/S Kailash Auto Finance Ltd. The Ao Based On A General Report & Modus Operandi Adopted Generally In These Cases & On General Observations Has Concluded That The Assessee Has Claimed Bogus Long Term Capital Gain. He Made An Addition Of The Entire Sale Proceeds Of The Shares As Income & Rejected The Claim Of Exemption Made U/S 10(38) Of The Act. The Evidence Produced By The Assessee In Support Of The Genuineness Of The Transaction Was Rejected.

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Piyush Mukherjee, Addl. CIT, Sr. DR
Section 10(38)Section 250Section 69C

Kolkata, had upheld the addition. The ld. CIT(A) has in his order relied upon “circumstantial evidence” and “human probabilities” to uphold the findings of the AO. He also relied on the so called “rules of suspicious transaction”. No direct material was found to ITA No.1403/Kol/2018 Smt. Bina Agarwal A.Y.2014-15 ... cases this bench of the Tribunal has consistently held that decision in all such cases should be based on evidence and not on generalisation, human probabilities, suspicion, conjectures and surmises. We have in all cases deleted such additions. Some of the cases where detailed finding were given are listed below