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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

Assistant Commissioner of Income-Tax, Circle-2(1)(1), Ahmedabad vs. Jewel World, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 63/AHD/2024[2017-2018]Status: DisposedITAT Ahmedabad07 Mar 2025AY 2017-2018

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.63/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Assistant Commissioner Of Jewel World बनाम/ Income-Tax 5, Balaji Heights V/S. Circle-2(1)(1) Swagat Cross Road Ahmedabad – 380 015 Nr. Lal Bungalows Cg Road, Ahmedabad-380 009 "थायी लेखा सं./Pan:Aajfj 5833 H अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Kavan Limbasiya, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 07 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Cit(A)”], Dated 06.12.2023, For The Assessment Year (Ay) 2017-18, Whereby The Cit(A) Deleted The Addition Of Rs.5,61,85,000/- Made By The Assessing Officer (Ao) Under Section 69A Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”]. Asst.Cit Vs. Jewel World Asst. Year : 2017-18

For Appellant: Shri M.K. Patel, AdvocateFor Respondent: Shri Kavan Limbasiya, Sr.DR
Section 143(1)Section 271ASection 69A

provided extensive documentation to support them. The AO failed to disprove the assessee’s submissions or conduct any inquiry to verify the genuineness of the transactions. The Revenue has not brought any material evidence to counter the findings of the CIT(A). 8.8. Accordingly, we uphold the order

Income Tax Officer, Ward-1(1), Kalyan, Kalyan West vs. Awami Imadi Fund Bhiwandi, Bhiwandi

In the result, the appeal filed by the revenue is allowed for statistical purpose

ITA 5871/MUM/2024[2018]Status: DisposedITAT Mumbai06 Mar 2025

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Income Tax Officer, Ward-1(1) Awami Imadi Fund Bhiwandi 1St Floor, Mohan Plaza, Wayale Nagar, Madrasa Arabia Miftahul Uloom, Vs. Khadakpada, Kalyan West - 421301. Bhusal Mohalla, Bhiwandi. Pan/Gir No.Aaeta0102F (Assessee) : (Respondent) Assessee By : Shri. Shakil Mohammed Ayyub Momin (Manager) Respondent By : Shri. Ram Krishn Kedia (Sr. Dr) Date Of Hearing : 04.03.2025 Date Of Pronouncement : 06.03.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Revenue, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S. 250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal: A. “On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Failed To Appreciate That The Submissions Made By The Assessee During Appellate Proceedings Were In The Nature Of Additional Evidences & Therefore Erred In Not Allowing The A.O. To Examine The Additional Evidence Admitted By Them As Per The Provisions U/S 46A(3) Of The 1. T. Rules, 1962. B. The Appellant Prays That The Order Of The Cit(A) May Be Set Aside & That Of The Assessing Officer Be Restored. Amami Imadi Fund Bhiwandi

For Appellant: ShriFor Respondent: Shri. Ram Krishn Kedia (Sr. DR)
Section 143(2)Section 147Section 148Section 250Section 46A(3)Section 68

holding that the assessee has discharged the primary onus casted upon it to prove the identity, and creditworthiness of the parties and genuineness of the transaction. The ld. DR further contended that the ld. CIT(A) neither sought for remand report from the ld. AO nor had given an opportunity