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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

ACIT, Central Circle- 13, New Delhi vs. Lizer Cylinders Ltd., Mumbai

Appeal of the revenue is dismissed as indicated above

ITA 7283/DEL/2017[2013-14]Status: DisposedITAT Delhi28 Mar 2025AY 2013-14

Bench: Shri S Rifaur Rahman & Shri Sudhir Pareekita No:- 7283/Del/2017 (Assessment Year- 2013-14) Assistant Commissioner Of M/S Lizer Cylinders Ltd., Income Tax, Vs. 205, 2Nd Floor, Samarpan, Central Circle-13, Chakala Link Road, New Delhi. Andheri East, Mumbai. Pan No: Aabcl3501H Appellant Respondent Revenue By : Shri Sumer Singh Meena, Cit(Dr) Shri Dayainder Singh Sidhu, Cit(Dr) Assessee By : Shri Salil Aggarwal, Sr. Adv., Shri Shailesh Gupta, Ca & Shri Uma Shankar, Adv. & Madhur Aggarwal, Advocate Date Of Hearing : 30.12.2024 Date Of Pronouncement : 28.03.2025 Order

For Appellant: Shri Salil Aggarwal, Sr. AdvFor Respondent: Shri Sumer Singh Meena, CIT(DR)
Section 131Section 132(1)Section 143(2)Section 153ASection 250(4)Section 68

erred on facts and in law in observing that requisite details and evidences filed by the assessee were sufficient to prove the genuineness of the transaction related to share capital / premium where as the assessee failed to discharge the primary onus cast upon ... providing identity, satisfactorily explaining the creditworthiness and genuineness of these transactions. This is compounded by the fact that the assessee company failed to produce the director of the investing companies in spite of opportunities given. 4. The Ld. CIT(A) has erred on facts and in law in not even

Dahyabhai Shankarbhai Patel, Vadodara vs. Income Tax Officer, Ward 1(3)(1), Vadodara

In the result, the appeal of the assessee is allowed

ITA 251/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.251/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 Dahyabhai Shankarbhai Patel The Income Tax Officer बनाम/ Ashutosha, 300 Kadamnagar Ward-1(3)(1), V/S. Nr. Mehsana Nagar Vadodara Nizampura, Vadodara-390 024 "थायी लेखा सं./Pan: Acspp 2248 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sunil Talati, Ar Revenue By : Shri Kalpesh Rupavatia, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 25 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 19.12.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "Cit(A)"] Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"] For The Assessment Year (Ay) 2015-16, Whereby The Cit(A) Upheld The Addition Of Rs.2,78,14,620/- Made By The Assessing Officer [Hereinafter Referred To As "Ao”] Under Section 69 Of The Act As Unexplained Investment. Dahyabhai Shankarbhai Patel Vs. Ito Asst. Year : 2015-16

For Appellant: Shri Sunil Talati, ARFor Respondent: Shri Kalpesh Rupavatia, Sr.DR
Section 148Section 148ASection 250Section 69

establish that the said funds were used for personal purposes of the individual account holders. The identity and creditworthiness of the creditors, and genuineness of the transactions, remain unchallenged by the Revenue. Dahyabhai Shankarbhai Patel vs. ITO Asst. Year : 2015-16 7.4. Thus, the fact that the firm used

Raghuvir International Private Limited, Vadodara vs. The Income Tax Officer, Ward-2(1)(2), Vadodara

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1311/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1311/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Raghuvir International The Income Tax Officer बनाम/ Private Limited Ward-2(1)(2) V/S. Chhinoi Building Vadodara – 390 007 Station Road, Godi Road Vadodara – 390 020 "थायी लेखा सं./Pan: Aagcr 6132 F अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Darshan Belani, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 24 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 25 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Darshan Belani, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(3)Section 250Section 271ASection 68

consideration u/s.68 of the Act. It is submitted that the Appellant has led sufficient evidences in order to prove identity of the party, genuineness of the transaction and creditworthiness of the party, and thus, discharged the onus that lay upon it u/s.68 of the Act. It is submitted that ... confirmation of the lender, copy of return of income, bank statement, and other supporting material to establish the identity, creditworthiness, and genuineness of the transaction. These details were very much part of the assessment record and were referred to by the Assessing Officer in the assessment order dated 12.12.2019 passed

Assistant Commissioner of Income Tax, Central Circle -3, Surat vs. Bharatbhai Kanjibhai Kakadiya, Surat

In the result, deletion of unsecured loan of Rs

ITA 391/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

addition to Rs.26,00,000/- as against addition of Rs.2,27,00,000/- despite the fact that the assessee has failed to prove genuineness of the transactions and credit worthiness of the so-called creditors, as the so-called creditors have filed their ITRs u/s 44AD ... assessee submitted that it had filed all requisites details to establish the identity and creditworthiness of the lenders and genuineness of the transactions. The details submitted were: (i) name, address and PAN of the depositors, (ii) confirmation of the depositors, (iii) ITR acknowledgment of the depositors, (iv) computation of total

Bharatbhai Kanjibhai Kakadiya, Surat vs. Assistant Registrar, Central Circle-3, Surat

In the result, deletion of unsecured loan of Rs

ITA 312/SRT/2023[2016-17]Status: DisposedITAT Surat24 Mar 2025AY 2016-17

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.391/Srt/2023 Assessment Year: (2016-17) (Physical Court Hearing) Assistant Commissioner Of Bharatbhai Kanjibhai Kakadiya Income-Tax, Central Circle-3, Vs. 27, Hans Society, Varachha Road, Surat, Room No.507, 5Th Floor, Varachha, Surat-395 006 Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.312/Srt/2023 Assessment Year: (2016-17) Bharatbhai Kanjibhai Kakadiya Assistant Commissioner Of 27, Hans Society, Varachha Road, Vs. Income-Tax, Central Circle-3, Varachha, Surat-395 006 Surat, Room No.507, 5Th Floor, Aatyakar Bhawan, Majura Gate,Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Afmpk 5646 M (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 132(4)Section 147Section 250Section 44ASection 68

addition to Rs.26,00,000/- as against addition of Rs.2,27,00,000/- despite the fact that the assessee has failed to prove genuineness of the transactions and credit worthiness of the so-called creditors, as the so-called creditors have filed their ITRs u/s 44AD ... assessee submitted that it had filed all requisites details to establish the identity and creditworthiness of the lenders and genuineness of the transactions. The details submitted were: (i) name, address and PAN of the depositors, (ii) confirmation of the depositors, (iii) ITR acknowledgment of the depositors, (iv) computation of total