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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

Hariram Hospital, Alwar vs. PCIT, Alwar

In the result, the appeal of the assessee is allowed

ITA 1535/JPR/2024[2019-20]Status: DisposedITAT Jaipur17 Apr 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं./ITA No. 1535/JPR/2024 निर्धारणवर्ष / Assessment Year: 2019-20 Hariram Hospital Bye Pass Road Hariram Hospital Bhiwadi, Alwar – 310 019 (Raj) बनाम Vs. The Pr.CIT (Central) Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: AAFFH 5746 M अपीलार्थी / Appellant निर्धारिती की ओरसे / Assesseeby : Shri Himanshu Goyal, CA राजस्व की ओरसे /Revenue by: Mrs. Alka Gautam, CIT-DR सुनवाई की तारीख / Da

For Appellant: Shri Himanshu Goyal, CAFor Respondent: Mrs. Alka Gautam, CIT-DR
Section 143(3)Section 263

loans were obtained from family members and the interest- free nature of these loans is consistent with customary familial financial arrangements ensuring the genuineness of the transactions. b. That the assessee submitted all necessary documentary evidence including PAN, bank statements, confirmations from lenders and their income tax returns to establish ... identity, creditworthiness and genuineness of the transactions fulfilling all statutory obligations. c That the learned PCIT overlooked the principle that the opening balances of unsecured loans do not require re-verification during the year under consideration as these balances pertain to earlier periods that were not disputed. d. That

Mnf Metal & Forming Pvt Ltd, New Delhi vs. DCIT Circle-16(2), New Delhi

In the result, the appeal filed by the Assessee is partly allowed

ITA 6698/DEL/2019[2013-14]Status: DisposedITAT Delhi17 Apr 2025AY 2013-14

Bench: Shri Mahavir Singh & Shri M. Balaganesh, Accoutant Member Asstt. Year : 2013-14 Mnf Metals & Forming Pvt. Ltd. Vs. Dcit, Circle 16(2), 1313, Ansal Tower, New Delhi – 2 38, Nehru Place, New Delhi – 110 019 (Pan: Aabci4339L) (Appellant) (Respondent) Appellant By : Sh. Ram Avtar, Ca & Sh. Bhupesh Aggarwal, Ca Respondent By : Sh. Sunil Kumar Yadav, Cit(Dr) Date Of Hearing 17.04.2025 Date Of Pronouncement 17.04.2025 Order Per Mahavir Singh, Vp This Appeal By The Assessee Is Arising Out Of The Order Dated 31.05.2019 Of The Ld. Cit(A)-37, New Delhi In Appeal No. Cit(A), Delhi-37/10057/2017-18. Assessment Was Framed By The Assessing Officer/Dcit, Circle 16(2), New Delhi For Assessment Year 2013-14 U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As “Act”) Vide Order Dated 23.03.2016. The Assesse Has Raised The Following Grounds:- 1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Law By Confirming Ao’S Act Of Addition Of Unsecured Loan Received From Mnf Projects

For Appellant: Sh. Ram Avtar, CA &For Respondent: Sh. Sunil Kumar Yadav, CIT(DR)
Section 143(3)Section 234BSection 68

facts and circumstances of the case and in law, the Ld. CIT(A) has erred in concluding that creditworthiness and genuineness of the transaction of loan received from MNF Projects Ltd., of Rs. 42,50,000/- remained unexplained whereas the transaction was genuine and party was having creditworthiness to advance

Income Tax Officer, Ferozepur Cantt vs. Arozepal Sandhu, Village Ratta Khera

The appeal stand dismissed

ITA 422/ASR/2024[2018-19]Status: DisposedITAT Amritsar16 Apr 2025AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm (Hybrid Hearing) आयकरअपील सं. / Ita No.422/Asr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Ito Ward 3(1) Shri Arozepal Sandhu बनाम/ 162-P, G.T.Road, (Prop M/S Babal Fuel Plaza) Vs. Ferozepur Cantt. Village Ratta Khera Punjab.152001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aarpm-5393-F (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Manpreet Singh Duggal – Ld. Sr. Dr ""थ"कीओरसे/Respondent By : Sh. Y.K. Sud (Ca) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 24-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 16-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals) Dated 14-06-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) On 07-04-2021. The Sole Grievance Of The Revenue Is Deletion Of Addition Of Rs.289.55 Lacs As Made By Ld. Ao U/S 68 Of The Act. Having Heard Rival Submissions & Upon Perusal Of Case Records, Our Adjudication Would Be As Under.

For Appellant: Sh. Manpreet Singh Duggal – Ld. Sr. DRFor Respondent: Sh. Y.K. Sud (CA) – Ld. AR
Section 143(3)Section 68

quite discernible that by way of additional evidences, the assessee successfully discharged the onus of proving the identify of lender entities, the genuineness of the transactions as well as the creditworthiness of the lender entities. No adverse finding could be rendered by Ld. AO on these aspects. The fact that