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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

Kuber Planters Ltd., New Delhi vs. ACIT Circle-14(2), New Delhi

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

ITA 882/DEL/2023[1997-98]Status: DisposedITAT Delhi09 Apr 2025AY 1997-98

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekkuber Planters Limited, Vs. Acit, Circle 14 (2), C/O Raj Kumar & Associates, New Delhi. L-7A (Lgf), South Extension Part Ii, New Delhi – 110 049. (Pan : Aacck8875E) (Appellant) (Respondent) Assessee By : Shri Raj Kumar Gupta, Ca Shri Suraj Gupta, Advocate Revenue By : Shri Sumer Singh Meena, Cit Dr Date Of Hearing : 23.01.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi (For Short ‘Ld. Cit(A)’) Dated 16.03.2023 For Assessment Year 1997-98 Raising Following Grounds Of Appeal :- “1. That Under The Facts & Circumstances Both The Lower Authorities Erred In Law As Well As On Merits In Make & Sustaining The Addition Of Rs.34,71,33,750/- Being The Subscription Received During The Year From Members Of Tree Plantation Scheme Namely “Kuber Dhanvarsha”.

For Appellant: Shri Raj Kumar Gupta, CAFor Respondent: Shri Sumer Singh Meena, CIT DR
Section 143(2)Section 143(3)Section 68

accordance with the direction of the SEBI there is no reason for the Assessing Officer who have doubted the identity, creditworthiness and genuineness of the transaction. From above it is clear that if the appellant refunds back the amount to the depositor/ investor then he does not need to prove ... investors of year under consideration. Since appellant has not refunded back the amount, appellant needs to prove the identity, creditworthiness and genuineness of the transaction, which the appellant has once again failed to do so. Moresoever, it is contesting the order of SEBI in the High Court. Hence, I hold

Vipin Jain & Sons HUF, Delhi vs. ITO, Ward- 56(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 910/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shris.Rifaur Rahman & Ms. Madhumita Royvipin Jain & Sons Huf, Vs. Ito, Ward 56 (2), C/O Akhilesh Kumar, Advocate New Delhi. 206 -207, Ansal Satyam, Rdc, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Aadhv8042G) (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Ms. Tanya, Advocate Revenue By : Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing : 11.02.2025 Date Of Order : 09.04.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-19, New Delhi[“Ld. Cit(A)”, For Short] Dated 12.12.2018 For The Assessment Year 2015-16 Raising Following Grounds Of Appeal :- “1. Because The Order Of Learned Lower Authority Is Bad In Law & Against The Facts & Circumstances Of The Case & Hence Is Unsustainable. 2. Because Ld. Cit (A) Grossly Erred In Law In Sustaining The Addition Of Rs.4,27,01,703/-, Being Total Sale Consideration Of Shares U/S 68 Of The Act While Said Amount Is Neither Credited To Books Of Account In The Absence Of Any Accounts Nor Source Of Said Amount Is Under Doubt, Hence Addition Is Beyond The Scope Of Provision.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 10Section 10(38)Section 143(2)Section 68

Jain, the Hon’ble Delhi High Court addressed the issue of purported bogus capital gain. In these cases, the ITAT had upheld the genuineness of the transactions. The Revenue, nonetheless, approached the Delhi High Court, 6 which after due consideration, dismissed the appeal of the department. Delhi ITAT Decisions ... against them. This inaction can be reasonably interpreted as an implicit acceptance of the ITAT's judgments by the Revenue, thereby substantiating the genuineness of the transactions involving the said shares of Alps Motors Finance Ltd. As such, it would be reasonable to assert that the Revenue’s non-challenge