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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

Mr. Mohd.Imroseiqbal, Delhi vs. ITO, Ward 63(2), Delhi

In the result, order of the CIT(A) on the issues raised before us by the Revenue in its appeal are upheld and appeal of the Revenue is dismissed

ITA 3513/DEL/2023[2017-18]Status: DisposedITAT Delhi03 Jan 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3513/ िद"ी /2019 (िन.व. 2013-14) Income Tax Officer, Ward-4(4), R. No. 385A, 3Rd Floor, Cr Building, Ip Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Bharatpuria Finance & Investment Ltd., C-4/164, Keshav Puram, Delhi 110035 ..... "ितवादी/Respondent Pan: Aaacb-3662-N Assessee By : Shri Ravi Saini, Managing Director Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 24/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-2, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 23.01.2019, For Assessment Year 2013-14. 2. Brief Facts Of The Case As Emanating From Records Are: The Assessee Is A Non Banking Finance Company. The Assessee Filed Its Return Of Income For The Impugned Assessment Year Declaring Nil Income & Claiming Current Year Loss Of Rs.4,02,609/-.

For Appellant: Shri Ravi Saini, Managing DirectorFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 143(3)Section 68

credit. The AO has made addition for the reason that the assessee allegedly fail to prove identity and creditworthiness of the lender and genuineness of the transaction. The CIT(A) after considering the issue has given categorical finding that the assessee had taken unsecured loan of Rs.25,00,000/- from

Cosmic Informatics Pvt. Ltd., New Delhi vs. ACIT Central Circle - 2, New Delhi

In the result, appeal of the Revenue in appeal No

ITA 2444/DEL/2024[2017-18]Status: DisposedITAT Delhi02 Jan 2025AY 2017-18

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

Section 143Section 143(3)Section 147Section 148Section 151

reasons recorded, no tangible information/ material has been highlighted that may even throw any doubt on the genuineness of the transactions undertaken by the assessee. DCIT vs. Lotus Hearbals Pvt. Ltd. Further, the reasons recorded do not reflect any independent application of mind to the information received and the basis ... parties and after reconciling the accounts and records submitted by these parties, the AO was satisfied about the genuineness of the parties and genuineness of the transactions. DCIT vs. Lotus Hearbals Pvt. Ltd. In view of above, considering that the AD has categorically admitted that evidences in support

Cosmic Informatics Pvt. Ltd., New Delhi vs. ACIT Central Circle - 2, New Delhi

In the result, appeal of the Revenue in appeal No

ITA 2443/DEL/2024[2013-14]Status: DisposedITAT Delhi02 Jan 2025AY 2013-14

Bench: Shri Sudhir Kumar & Shri Manish Agarwalita No.2442 To 2445/Del/2023 (Assessment Years 2013-14 To 2016-17) Dcit, Lotus Herbals Pvt. Ltd., Cc-20, Delhi. Room No.269A, 2 Nd Floor, Ara Vs. Centre, E-2, Jhandewalan, New Delhi-110055. Pan-Aaacl0198F (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv. & Shri Shivam Gupta, Ca Department By Sh. Mukesh Jha, Cit Dr & Ms. Pooja Swroop, Cit-Dr 29.09.2025 Date Of Hearing Date Of Pronouncement 23.12.2025 O R D E R Per Manish Agarwal, Am: These Are Five Appeals Filed By The Revenue Against The Separate Orders Of Learned Commissioner Of Income Tax (Appeals)-27, New Delhi. All Are Dated 12.06.2023 For Assessment Years As Tabulated As Under:

Section 143Section 143(3)Section 147Section 148Section 151

reasons recorded, no tangible information/ material has been highlighted that may even throw any doubt on the genuineness of the transactions undertaken by the assessee. DCIT vs. Lotus Hearbals Pvt. Ltd. Further, the reasons recorded do not reflect any independent application of mind to the information received and the basis ... parties and after reconciling the accounts and records submitted by these parties, the AO was satisfied about the genuineness of the parties and genuineness of the transactions. DCIT vs. Lotus Hearbals Pvt. Ltd. In view of above, considering that the AD has categorically admitted that evidences in support

Masineni Hotels Private Limited, Anantapur vs. ACIT, Circle-1, Anantapur

In the result, appeal filed by the assessee is allowed

ITA 346/HYD/2023[2016-17]Status: DisposedITAT Hyderabad30 Dec 2024AY 2016-17

Bench: Shri Manjunatha G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.346/Hyd/2023 (निर्धारण वर्ा/Assessment Year: 2016-17) Masineni Hotels Private Vs. Acit, Circle-1 Limited Anantpur Anantapur [Pan : Aahcm6211F] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Mohd.Afzal, Ar रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Dr सुिवधई की तधरीख/Date Of Hearing: 10/12/2024 घोर्णध की तधरीख/Date Of 30/12/2024 Pronouncement: आदेश / Order Per. Manjunatha G., A.M: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.05.2023 Of The Learned Commissioner Of Income Tax (Appeals) [Ld.Cit(A)], National Faceless Appeal Centre, Delhi, Pertaining To A.Y.2016-17 On The Following Grounds : 1. Under The Facts & Circumstances Of The Case The Learned Cit(A), Nfac, New Delhi Erred In Confirming The Addition Of Rs.2,35,48,000/- Being The Difference In The Share Capital, Share Application & Other Loan Subscribed / Given By Managing Director Shri M.Ramaiah U/S 68 Of The Income Of The Income Tax Act, 1961 (“The Act”), 1961 (The Act).

For Appellant: Mohd.Afzal, ARFor Respondent: : Shri Srinath Sadanala, DR
Section 68

explaining the amount invested in the appellant company, argued that the appellant has discharged the identity, creditworthiness of the creditor and also genuineness of the transaction. The Assessing Officer, after considering the submissions of the assessee and also taking note of the relevant facts, observed that although the appellant company ... established identity of the creditor, but failed to prove creditworthiness and genuineness of the transactions, because, as per the balance sheet filed by Shri M.Ramaiah, there is a difference in his individual balance sheet filed along with the return of income, when compared to the amount shown in the books