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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

Sunita Sarda, New Delhi vs. ACIT Circle 71(1), New Delhi

In the result, appeal filed by the assessee is allowed

ITA 2215/DEL/2023[2011-12]Status: DisposedITAT Delhi14 May 2025AY 2011-12

Bench: Shris.Rifaur Rahmansunita Sarda, Vs. Acit, Circle 71 (1), 5/5761, Dev Nagar, Karol Bagh, New Delhi. New Delhi – 110 005. (Pan : Aanps7143M) (Appellant) (Respondent) Assessee By : Ms. Vidhi Mangla, Advocate Revenue By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing : 12.03.2025 Date Of Order : 14.05.2025 O R D E R 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 06.06.2023 For Assessment Year 2011-12. 2. Brief Facts Of The Case Are, Assessee Has Filed Her Return Of Income For The Year Under Consideration On 29.09.2011 Declaring Total Income Of Rs.4,42,000/-. The Department Has Received Information From Office Of Ddit (Inv.), Unit 6 (3), New Delhi On 06.03.2018 That The Assessee Has Taken Bogus Accommodation Entry Amounting To Rs.17,25,000/- During Fy 2010-11 By Trading In The Penny Scrip I.E. M/S. Global Capital

For Appellant: Ms. Vidhi Mangla, AdvocateFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10Section 10(38)Section 115BSection 142(1)Section 143(2)Section 148Section 68

wherein it has been held by the Hon'ble Gujarat High Court that the Assessee has duly discharged its onus to prove the genuineness of the transaction by furnishing all the relevant documentary evidences sought by the Department. The relevant portion of the judgement has been extracted herein below ... same in the financial year 2013-14 resulting in Long Term Capital Gain. The assessee has submitted various documentary evidences to prove the genuineness of the transaction of sale and purchase of shares which includes a copy of purchase bill dated 22.02.2010; a copy of share transfer form

Rohtas Rawat, Mahendergarh vs. ITO, Ward-2, Narnaul

In the result, the appeal of the assessee is partly allowed in above terms

ITA 648/DEL/2019[2013-14]Status: DisposedITAT Delhi14 May 2025AY 2013-14

Bench: : Shri Satbeer Singh Godara & Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 648/Del/2019 (िनधा"रण वष" / Assessment Year : 2013-14) बनाम/ Rohtasrawat Income Tax Officer Village-Nangal Soda, Po- Ward-2, Narnaul Vs. Thanawas, Narnaul, Haryana, Pin: 123023 "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Bggpr0860J (Appellant) .. (Respondent) अपीलाथ" ओर से/Appellant By : Shri Ankit Kumar & Shri Parth Singhal, Advocate ""यथ" क" ओर से/Respondentby: Ms Harpret Kaur Hansra, Sr.Dr

For Appellant: Shri Ankit Kumar & shri ParthFor Respondent: Ms Harpret Kaur Hansra, Sr.DR
Section 250Section 68

figured in the conveyance deeds were agriculturists, with no PAN and no transaction was through banking channels; the creditworthiness of these persons and genuineness of the transactions could not be established; only four persons were produced and these two failed to explain the source of investment. During the remand proceedings ... held to be assessee's income from undisclosed sources u/s 68 of the Act as he has failed to establish the genuineness of the transactions and creditworthiness of the creditors. The following decisions support my finding that as the assessee failed to establish the genuineness of transactions and creditworthiness