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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

Income Tax Officer Ward 4 1 Kolkata, Kolkata vs. Panel Commerce Pvt Ltd, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1292/KOL/2023[2013-14]Status: DisposedITAT Kolkata04 Mar 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Sonjoy Sarma, Jm Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aagcp4413P Co No. 1/Kol/2024 (Arising In Ita No.1929/Kol/2023 For A.Y. 2013-14) Panel Commerce Pvt. Ltd. Income Tax Officer, Ward 4(2) 4 Synagogue Street, Aaykar Bhavan, P-7, 8Th Floor, Room No. 814, Chowringhee Square, Kolkata- Vs. Kolkata-700001, 700069, West Bengal West Bengal (Appellant) (Respondent) Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Raghuveer Madanappa, Dr Date Of Hearing: 30.01.2025 Date Of Pronouncement : 04.03.2025

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Raghuveer Madanappa, DR
Section 147Section 148Section 68

company M/s Brahma Tradelinks Pvt. Ltd., who was not having any real business activity at all. The ld. AO further noted that the genuineness of the transactions and identity, creditworthiness of the party from whom the assessee company received money could not be verified and therefore, transactions could ... issued almost after 8years of undertaking the transaction made with assessee. The assessee discharged its onus in order to prove the identity and genuineness of the transaction by filing all the sale bills, copies of the bank statement by proving the fact that transaction were madethrough banking channels, copy

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

ITA 773/CHNY/2020[2013-14]Status: DisposedITAT Chennai28 Feb 2025AY 2013-14

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S.R.Raghunatha, Hon'Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 निर्धा रणवर्ष / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, C/O. Aparna Nandakumar, Advocate & Tax Consultant, J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलार्थी/Assessee) अपीलार्थीकीओरसे/Assessee By प्रत्यर्थीकीओरसे/Respondent By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख/Date Of Pronouncement Income Tax Officer, Non-Corporate Ward -1(2), Chennai. (प्रत्यर्थी/Respondent) Shri. Y. Sridhar, Fca Shri. R. Raghupathy, Addl.Cit 20.02.2025 28.02.2025 आदेश/Order Per S. R. Raghunatha: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals) - 2, Chennai, All Dated 30.07.2020 For The Assessment Years 2010-11 To 2013-14.

Section 132Section 143(3)Section 69

reasoning and cogent basis. The opinion of the AO is required to be formed objectively with reference to the material on record. The genuineness of the transaction can be decided only on merits not on prejudices. The evidence produced by the assessee cannot be brushed aside in a casual manner ... reasoning and cogent basis. The opinion of the AO is required to be formed objectively with reference to the material on record. The genuineness of the transaction can be decided on merits and not on prejudices. The evidence produced by the assessee cannot be brushed aside in a casual manner

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

ITA 772/CHNY/2020[2012-13]Status: DisposedITAT Chennai28 Feb 2025AY 2012-13

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S.R.Raghunatha, Hon'Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 निर्धा रणवर्ष / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, C/O. Aparna Nandakumar, Advocate & Tax Consultant, J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलार्थी/Assessee) अपीलार्थीकीओरसे/Assessee By प्रत्यर्थीकीओरसे/Respondent By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख/Date Of Pronouncement V. Income Tax Officer, Non-Corporate Ward -1(2), Chennai. (प्रत्यर्थी/Respondent) Shri. Y. Sridhar, Fca Shri. R. Raghupathy, Addl.Cit 20.02.2025 28.02.2025 आदेश/Order Per S. R. Raghunatha: These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals) - 2, Chennai, All Dated 30.07.2020 For The Assessment Years 2010-11 To 2013-14.

Section 132Section 143(3)Section 69

reasoning and cogent basis. The opinion of the AO is required to be formed objectively with reference to the material on record. The genuineness of the transaction can be decided only on merits not on prejudices. The evidence produced by the assessee cannot be brushed aside in a casual manner

Smt. Jayanthi Seeman, Chennai vs. ITO, Ncw - 1 (2), Chennai

In the result the appeal of the assessee is partly allowed

ITA 771/CHNY/2020[2011-12]Status: DisposedITAT Chennai28 Feb 2025AY 2011-12

Bench: Shri Aby T. Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 िनधा" रणवष" / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, Income Tax Officer, C/O. Aparna Nandakumar, V. Non-Corporate Ward -1(2), Advocate & Tax Consultant, Chennai. J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Assessee By : Shri. Y. Sridhar, Fca ""यथ"क"ओरसे/Respondent By : Shri. R. Raghupathy, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 20.02.2025 घोषणाकीतारीख/Date Of Pronouncement : 28.02.2025 आदेश/ O R D E R

For Appellant: Shri. Y. Sridhar, FCAFor Respondent: Shri. R. Raghupathy, Addl.CIT
Section 132Section 143(3)Section 69

reasoning and cogent basis. The opinion of the AO is required to be formed objectively with reference to the material on record. The genuineness of the transaction can be decided only on merits not on prejudices. The evidence produced by the assessee cannot be brushed aside in a casual manner ... reasoning and cogent basis. The opinion of the AO is required to be formed objectively with reference to the material on record. The genuineness of the transaction can be decided on merits and not on :-25-: ITA. Nos: 770 to 773/Chny/2020 prejudices. The evidence produced by the assessee cannot