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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

Pooja Equiresearch Pvt Ltd, Mumbai vs. DCIT, Central Circle 8(2), Mumbai

In the result, appeal of the assessee stands allowed

ITA 5941/MUM/2024[2011-12]Status: DisposedITAT Mumbai25 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry, Jm & Shri Prabhash Shankar, Am आयकर अपील सं./Ita No.5941/Mum/2024 (निर्धारण वर्ा / Assessment Year :2011-2012) Pooja Equiresearch Pvt. Ltd., Vs. Dcit, Central Circle-8(2), B-101, Hari Darshan Bhogilal Mumbai Phadia Road, Kandivali (West) स्थायी लेखा सं./Pan No. : Aaacp 6499 F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : Ms. Dinkle Hariya & Ms. Shruti Kalyanikar राजस्व की ओर से /Revenue By : Shri Mahesh Pamnani, Sr.Dr

For Appellant: Ms. Dinkle Hariya & MsFor Respondent: Shri Mahesh Pamnani, Sr.DR
Section 133(6)Section 147Section 148Section 250Section 68

entries, audited balance sheets, ledger copies of the above entities, in order to prove the identity and creditworthiness of the above parties and genuineness of the transactions. 2.5 Subsequently on dated 24.12.2018, the replies from the aforesaid creditors/parties have also been received in “TAPAL” . 2.6 On verifying the documents filed ... books of accounts: (i) Identity of the creditors (ii) Creditworthiness of the creditor i.e capacity of the creditor to advance the money (iii) Genuineness of the transactions. The assessee is able to establish the identity of creditors by submitting loan confirmation and copy of Acknowledgement of ITR. However, other

Assistant Commissioner of Income Tax Central Circle3-(4), Hyderabad vs. Aarthik Greentech Solutions Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 32/HYD/2021[2014-15]Status: DisposedITAT Hyderabad21 Feb 2025AY 2014-15

Bench: Shri Manjunatha G. & Shri K.Narasimha Charyआ.अपी.सं /Ita No.32/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2014-15) Asst.Commissioner Of Vs. Aarthik Greentech Income Tax Solutions Pvt.Ltd. Central Circle-3(4) Hyderabad Hyderabad [Pan : Aalca6887D] आ.अपी.सं /Ita No.33/Hyd/2021 (निर्धारण वर्ा/Assessment Year: 2014-15) Asst.Commissioner Of Vs. Aarthik Infra Projects Income Tax Pvt.Ltd. Central Circle-3(4) Hyderabad Hyderabad [Pan : Aahca0719N] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri P.Murali Mohan Rao,Ar रधजस् व द्वधरध/Revenue By: Ms.M.Narmada, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 19/12/2024 घोर्णध की तधरीख/Date Of 21/02/2025 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: These Appeals Filed By The Revenue Are Directed Against Order Dated 11.09.2020 Of The Commissioner Of Income Tax (Appeals) [“Ld.Cit(A)”]-11, Hyderabad Pertaining To A.Y.2014-15. Since, Facts Are Identical & Issues Are Common, For The Sake Of Aarthik Greentech Solutions Pvt. Ltd. & Aarthik Infra Projects Pvt.Ltd.

For Appellant: Shri P.Murali Mohan Rao,ARFor Respondent: Ms.M.Narmada, CIT-DR
Section 132Section 143(1)Section 153C

assessee to file relevant evidences and also prove identity, credit worthiness Aarthik Greentech Solutions Pvt. Ltd. and Aarthik Infra Projects Pvt.Ltd. and genuineness of the transaction. During the course of post search operation, enquiries were conducted at Delhi, to verify the genuineness of claim of investment received from Delhi based ... investments from Delhi based companies and returned cash. Therefore, the Assessing Officer came to the conclusion that the assessee could not prove identity, genuineness of the transaction and credit worthiness of the investment from Delhi based investor companies. 13. We have given our careful consideration to the reasons given

Income Tax Officer, Mumbai vs. Sumangal Commodities Private Limited, Mumbai

In the result, appeal of the Revenue is partly allowed and the cross-objection of the assessee is dismissed

ITA 2211/MUM/2024[2012-13]Status: DisposedITAT Mumbai21 Feb 2025AY 2012-13

Bench: Shri Amarjit Singh & Shri Raj Kumar Chauhanassessment Year: 2012-13 Income Tax Officer Sumangal Commodities Private Limited Aayakar Bhavan, Mk Marg, Mumbai- Vs. A Wing, 1St Floor, Shah Arcade, 400020. 1, Rani Sati, Malad, Maharashtra-400097. Pan: Aagcs 4844 K (Appellant) (Respondent) C.O. No.192/Mum/2024 (Arising Out Of Ita 2211/Mum/2024) Assessment Year: 2012-13 Sumangal Commodities Private Income Tax Officer Limited Aayakar Bhavan, Mk A Wing, 1St Floor, Shah Arcade, Vs. Marg, Mumbai- 1, Rani Sati, Malad, 400020. Maharashtra-400097. Pan: Aagcs 4844 K (Appellant) (Respondent)

For Appellant: Dr. K. Shivaram, Sr. Advocate & Shri Rahul HakaniFor Respondent: Shri Bhangepatil Pushkaraj Ramesh, Sr. DR
Section 148Section 250Section 68

Officer u/s.68 of the Income Tax Act, 1961 without appreciating the fact that the assessee has failed to prove the identity, creditworthiness and genuineness of the transactions. 2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) failed to appreciate ... Counsel further submitted that in respect of loan of Rs. 52,00,000/-, the assessee has proved the identity of lenders, genuineness of the transactions and creditworthiness of the lenders by filing copies of income tax acknowledgements, ledger confirmation, bank statement etc. 6. On the other hand, ld. DR supported