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“genuineness of the transaction”

Cash Credits & Unexplained ItemsSection 68Section 685,938 judgments

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

Leading authorities on genuineness of the transaction

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. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

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.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Judgments citing genuineness of the transaction

Kashinath Tapuriah, Kolkata vs. ACIT- CC - 2, Mumbai

In the result, the appeal filed by the assessee is hereby dismissed

ITA 5008/MUM/2018[2011-12]Status: DisposedITAT Mumbai16 May 2025AY 2011-12

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Kashinath Tapuriah Acit-Cc-2, Mumbai 9, Rowdown Street, Udyanchal Bldg., Flat No. 20, 5Th Floor, Kolkata, Vs. Karnataka – 700017. Pan/Gir No. Abupt5665K (Appellant) : (Respondent) Assessee By : None : Shri. P. D. Chougule, Sr. Dr. Respondent By : 19.02.2025 Date Of Hearing Date Of Pronouncement : 16.05.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) – 47, Mumbai (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2011-12. 2. As There Was No Representation On Behalf Of The Assessee Inspite Of Several Opportunities, We Hereby Proceed To Dispose Off This Appeal By Hearing The Learned Departmental Representative (‘Ld. Dr’ For Short) & On Perusal Of The Materials Available On Record. 3. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Commissioner Of Income Tax (Appeals) Erred In Upholding The Disallowance Of Rs.41,345 Business Expenditure. Kashinath Tapuriah

For Appellant: NoneFor Respondent: 19.02.2025
Section 143(2)Section 143(3)Section 250Section 68

perusal of the facts of this issue, we are inclined to hold that the assessee has failed to prove the genuineness of the transaction by cogent documentary evidence and has not discharged the onus casted upon him u/s. 68 of the Act. We therefore dismiss ground no. 3 raised

Assistant Commissioner of Income Tax, Central Circle-2(1), Hyderabad vs. S A Builders and Developers, Hyderabad

In the result, Ground Nos

ITA 296/HYD/2022[2017-18]Status: DisposedITAT Hyderabad15 May 2025AY 2017-18

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.258 & 259/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2016-17 & 2017-18) M/S. S.A. Builders & Developers, Vs. Acit Hyderabad Central Circle 2(1) Pan:Acufs3331A Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita Nos.295 & 296/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2016-17 & 2017-18) Acit Vs. M/S. S.A. Builders & Central Circle 2(1) Developers, Hyderabad Hyderabad Pan:Acufs3331A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 19/02/2025 घोषणा की तारीख/Pronouncement: 15/05/2025 आदेश/Order Per Bench: These Two Sets Of Cross Appeals Are Directed Against The Two Separate Orders Of The Learned Cit (A)-12, Hyderabad Both Dated 29/04/2022, Arising From The Assessment Framed U/S 143(3) R.W.S. 153A Of The I.T. Act, 1961 For The A.Ys 2016-17 & Page 1 Of 56

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 132Section 132(4)Section 133ASection 143(3)Section 153A

addition of Rs.1,31,46,000/- made towards unexplained cash credits, even though the assessee failed to prove the identity, creditworthiness and genuineness of the transaction. 7. The ld. CIT(Appeals) erred in deleting addition of Rs.12,76,50,000/- made towards disallowance u/s. 40(a)(ia) even though ... learned CIT (A) for want of the documentary evidence to substantiate the loan and advances and to establish the identity, creditworthiness and genuineness of the transaction. These conditions as referred by the learned CIT (A) are required to be satisfied in case of cash credit

S A Builders & Developers, Hyderabad vs. Assistant Commissioner of Income Tax, Central Circle-2(1), Hyderabad

In the result, Ground Nos

ITA 258/HYD/2022[2016-17]Status: DisposedITAT Hyderabad15 May 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.258 & 259/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2016-17 & 2017-18) M/S. S.A. Builders & Developers, Vs. Acit Hyderabad Central Circle 2(1) Pan:Acufs3331A Hyderabad (Appellant) (Respondent) आ.अपी.सं /Ita Nos.295 & 296/Hyd/2022 (िनधा"रण वष"/Assessment Years: 2016-17 & 2017-18) Acit Vs. M/S. S.A. Builders & Central Circle 2(1) Developers, Hyderabad Hyderabad Pan:Acufs3331A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.C. Devdas, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 19/02/2025 घोषणा की तारीख/Pronouncement: 15/05/2025 आदेश/Order Per Bench: These Two Sets Of Cross Appeals Are Directed Against The Two Separate Orders Of The Learned Cit (A)-12, Hyderabad Both Dated 29/04/2022, Arising From The Assessment Framed U/S 143(3) R.W.S. 153A Of The I.T. Act, 1961 For The A.Ys 2016-17 & Page 1 Of 56

For Appellant: Shri K.C. Devdas, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 132Section 132(4)Section 133ASection 143(3)Section 153A

addition of Rs.1,31,46,000/- made towards unexplained cash credits, even though the assessee failed to prove the identity, creditworthiness and genuineness of the transaction. 7. The ld. CIT(Appeals) erred in deleting addition of Rs.12,76,50,000/- made towards disallowance u/s. 40(a)(ia) even though ... learned CIT (A) for want of the documentary evidence to substantiate the loan and advances and to establish the identity, creditworthiness and genuineness of the transaction. These conditions as referred by the learned CIT (A) are required to be satisfied in case of cash credit