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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, Circle-7(1), Kolkata vs. Sawansukha Jewellers Private Limited, Kolkata

In the result, CO of the assessee is allowed and the appeal of the Revenue is dismissed

ITA 1615/KOL/2024[2018-2019]Status: DisposedITAT Kolkata17 Mar 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, Chowringhee Square, 4Th Floor, 9, Camac Street, Vs. Kolkata-700069, Kolkata-700017, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aafcs2477R Co No. 32/Kol/2024 (Airing Out Of The Ita No. 1615/Kol/2024 For A.Y. 2018-19) Sawansukhajewellers Acit, Circle-7(1), Private Limited 5Th Floor, Aaykar Bhavan, P-7, 4Th Floor, 9, Camac Street, Chowringhee Square, Vs. Kolkata-700017, Kolkata-700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Akkal Dudhwewala, Ar Revenue By : Shri Kapil Mondal, Dr Date Of Hearing: 03.03.2025 Date Of Pronouncement : 17.03.2025

For Appellant: Shri Akkal Dudhwewala, ARFor Respondent: Shri Kapil Mondal, DR
Section 133(6)Section 142(1)Section 143Section 143(3)Section 148

operating was closed. Accordingly, the assessee was given show cause notice on 15.03.2023 to establish the identity of sellers their capacity and genuineness of the transactions along with supported evidences. The assessee vide letter dated 18.03.2023, stated that it had already ITA No. 1615/KOL/2024 & CO 32/KOL/2024 SawansukhaJewellers Private Limited ... returns of income of seller parties, bank statements, and stock registers. However, the investigating authority deemed these submissions insufficient to prove the genuineness of the transactions. Considering the investigation findings and the inadequacy of the assessee's submissions, the assessing officer treated the purchases from Tanman Jewels