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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

Gng Exports, Kolkata vs. ACIT, Cir. 33, Kolkata

In the result, the appeal of the assessee stands dismissed

ITA 475/KOL/2024[2013-14]Status: DisposedITAT Kolkata08 Oct 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. No.475/Kol/2024 Assessment Year: 2013-14 Gng Exports……..……………….………...........………………....Appellant 202, Lords, 7/1, Lord Sinha Road, Rabindra Sadan, Kolkata – 700071. [Pan: Aacfg59994P] Vs. Acit, Circle-33, Kolkata.……………….…............................…..…..... Respondent Appearances By: Shri Ramesh Kumar Patodia, Advocate, Appeared On Behalf Of The Assessee. Shri Vineet Kumar, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : July 09, 2024 Date Of Pronouncing The Order : October 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 11.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Directing The Assessing Officer To Estimate The Net Profit Of The Assessee @ 0.77% Of The Total Turnover.

Section 133(6)Section 250

Exports be solely relied upon without any corroboration. Under the circumstances, the burden shifts upon the assessee to prove the genuineness of the transactions. The assessee, fully aware of the facts and circumstances of the case, had offered income @ 0.77% of the turnover. In view of this ... alternate contention of the assessee considering the facts and circumstances of the case and considering that the assessee could not establish the genuineness of the transaction in many cases. We, therefore, do not find any merit in the appeal of the assessee and the same is accordingly dismissed

ACIT-CC-1(3), New Marine Lines, Churchgate vs. Ms. Shanti Enterprises, Vashi

In the result ground number 1 and 2 of the appeal for assessment year 2015 – 16 of the learned assessing officer are dismissed

ITA 1349/MUM/2024[2012-13]Status: DisposedITAT Mumbai08 Oct 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm A.Y.2012-13 A.Y.2015-16 Acit-Central Circle-1(3), Bhagwati Developers, Mumbai 1306, 13Th Floor, Vs. Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Co No. 80/Mum/2024 A.Y. 2012-13 [Ita No. 1346/Mum/2024] Bhagwati Developers, Acit-Central Circle-1(3), 1306, 13Th Floor, Mumbai Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Pan Aalfb 5272C A.Y. 2012-13 Acit-Central Circle-1(3), Ms. Shanti Enterprises, Mumbai Office No. 1306, Real Tech Park, Plot No.39/2, Sector-30A Vashi Co No. 110/Mum/2024 A.Y. 2012-13 [Ita No. 1349/Mum/2024] Ms. Shanti Enterprises, Acit-Central Circle-1(3), Office No. 1306, Real Tech Mumbai Park, Plot No.39/2, Sector-30A Vashi (Appellant) (Respondent) Assessee By Shri Mani Jain & Shri Prateek Jain

Section 132Section 143Section 153ASection 69C

depositors as ITA No.1346,1349 & 1490/M/2024 CO 80, 110/Mum/2024 A Y : 2012–13, 2015-16 Bhagwati Developers & others well as the genuineness of the transaction showing the documents like ITR acknowledgement, bank statement, TDS certificates, annual accounts of the depositors along with the confirmation. It was further submitted that ... submitted by the assessee accepted that assessee has given enough evidence for the identity and creditworthiness of the parties as well as the genuineness of the transaction. Accordingly, he deleted the addition ofRs 97,150,000 in respect of unsecured loan taken by the assessee from Chanchal exports along with

ACIT-CC-1(3), Mumbai vs. Bhagwati Developers, Navi Mumbai

In the result ground number 1 and 2 of the appeal for assessment year 2015 – 16 of the learned assessing officer are dismissed

ITA 1346/MUM/2024[2012-13]Status: DisposedITAT Mumbai08 Oct 2024AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shriraj Kumar Chauhan, Jm A.Y.2012-13 A.Y.2015-16 Acit-Central Circle-1(3), Bhagwati Developers, Mumbai 1306, 13Th Floor, Vs. Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Co No. 80/Mum/2024 A.Y. 2012-13 [Ita No. 1346/Mum/2024] Bhagwati Developers, Acit-Central Circle-1(3), 1306, 13Th Floor, Mumbai Real Tech Park, Plot No.39/2, Sector-30A, Vashi Navi Mumbai Pan Aalfb 5272C A.Y. 2012-13 Acit-Central Circle-1(3), Ms. Shanti Enterprises, Mumbai Office No. 1306, Real Tech Park, Plot No.39/2, Sector-30A Vashi Co No. 110/Mum/2024 A.Y. 2012-13 [Ita No. 1349/Mum/2024] Ms. Shanti Enterprises, Acit-Central Circle-1(3), Office No. 1306, Real Tech Mumbai Park, Plot No.39/2, Sector-30A Vashi (Appellant) (Respondent) Assessee By Shri Mani Jain & Shri Prateek Jain

Section 132Section 143Section 153ASection 69C

depositors as ITA No.1346,1349 & 1490/M/2024 CO 80, 110/Mum/2024 A Y : 2012–13, 2015-16 Bhagwati Developers & others well as the genuineness of the transaction showing the documents like ITR acknowledgement, bank statement, TDS certificates, annual accounts of the depositors along with the confirmation. It was further submitted that ... submitted by the assessee accepted that assessee has given enough evidence for the identity and creditworthiness of the parties as well as the genuineness of the transaction. Accordingly, he deleted the addition ofRs 97,150,000 in respect of unsecured loan taken by the assessee from Chanchal exports along with

Ace Cabs Limited, Delhi vs. ACIT, Circle-1(2), Delhi, C R Building

In the result, appeal filed by the assessee is allowed

ITA 443/DEL/2024[2017-18]Status: DisposedITAT Delhi04 Oct 2024AY 2017-18

Bench: Shri Saktijit Dey, Hon’Ble & Shri S.Rifaur Rahmanace Cabs Limited, Vs. Acit, Circle 1 (2), 562, Silver Oak Lane, Delhi. M.G. Road, Ghitorni, Delhi – 110 030. (Pan : Aaica4494R) (Appellant) (Respondent) Assessee By : Shri Gaurav Jain, Advocate Ms. Bharti Sharma, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 23.07.2024 Date Of Order : 04.10.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), New Delhi [“Ld. Cit(A)”, For Short]/ National Faceless Appeal Centre (Nfac) Dated 12.12.2023 For The Assessment Year 2017-18. 2. The Assessee Submitted An Application Under Rule 29 Of The Itat Rules For Admitting The Additional Evidences & The Contents Thereof Are Reproduced Below:-

For Appellant: Shri Gaurav Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 142(1)Section 143(2)

sufficient opportunity of being heard by the lower authorities to clear their doubts regarding the identity and creditworthiness of the investor/shareholder and genuineness of the transaction. (xv) It is pertinent to mention here that the assessee though had furnished the sufficient evidences to satisfactorily prove the identity of the shareholder ... genuineness of the transaction and creditworthiness of the shareholder along with the additional requirement of explaining the source of source, as prescribed u/s 68 of the Act. However, in order to strengthen its arguments regarding the onus casted u/s 68 of the Act to prove identity, genuineness and creditworthiness

The ACIT, Central Circle-3, Vadodara vs. M/S. Aikya Chemicals Pvt. Ltd., Vadodara

In the result, both the appeals of the Revenue are hereby dismissed

ITA 160/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad01 Oct 2024AY 2015-16

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील (एसएस) सं./I.T (Ss).A. No. 81/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2014-15) बनाम/ Asstt. Commissioner Of M/S. Cube Mines & Income-Tax Minerals Pvt. Ltd. Vs. Central Circle-3, Vadodara 11/C Ground Floor, Jaishri Narayan Co-Operative Hsg. Society, Subhanpura, Gorwa, Vadodara, Gujarat 390015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc5761D (Appellant) .. (Respondent) & आयकर अपील (एसएस) सं./I.T (Ss).A. No. 82/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2014-15) & आयकर अपील सं./I.T.A. No. 159/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2015-16) बनाम/ Asstt. Commissioner Of M/S. Iolite Cube Income-Tax Inframaterial Ltd. Vs. Central Circle-3, Vadodara 1, Chandamani Nagar, Vidhya Vihar School Lane, Subhanpura, Vadodara, "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacci5944A (Appellant) .. (Respondent) &

For Appellant: Shri Jigar Adhiyaru, A.RFor Respondent: Shri H. Phani Raju, CIT. DR
Section 132Section 153A

immediate source of loan was BVPL and the assessee has brought on record all the evidences to establish the identity, creditworthiness and genuineness of the transactions. Therefore, the Ld. CIT(A) had rightly deleted the addition. The Ld. AR further submitted that identical issue was involved in the case ... case is the genuineness of loan taken from BVPL. The identity of BVPL was not under question. In order to establish the genuineness of the transaction and the creditworthiness of the lender i.e. BVPL, the assessee had furnished the copy of confirmation, bank statement, income tax return and balance sheet

The ACIT, Central Circle-3, Vadodara vs. M/S. Iolite Cube Inframaterial Ltd., Vadodara

In the result, both the appeals of the Revenue are hereby dismissed

ITA 159/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad01 Oct 2024AY 2015-16

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील (एसएस) सं./I.T (Ss).A. No. 81/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2014-15) बनाम/ Asstt. Commissioner Of M/S. Cube Mines & Income-Tax Minerals Pvt. Ltd. Vs. Central Circle-3, Vadodara 11/C Ground Floor, Jaishri Narayan Co-Operative Hsg. Society, Subhanpura, Gorwa, Vadodara, Gujarat 390015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccc5761D (Appellant) .. (Respondent) & आयकर अपील (एसएस) सं./I.T (Ss).A. No. 82/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2014-15) & आयकर अपील सं./I.T.A. No. 159/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2015-16) बनाम/ Asstt. Commissioner Of M/S. Iolite Cube Income-Tax Inframaterial Ltd. Vs. Central Circle-3, Vadodara 1, Chandamani Nagar, Vidhya Vihar School Lane, Subhanpura, Vadodara, "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacci5944A (Appellant) .. (Respondent) &

For Appellant: Shri Jigar Adhiyaru, A.RFor Respondent: Shri H. Phani Raju, CIT. DR
Section 132Section 153A

immediate source of loan was BVPL and the assessee has brought on record all the evidences to establish the identity, creditworthiness and genuineness of the transactions. Therefore, the Ld. CIT(A) had rightly deleted the addition. The Ld. AR further submitted that identical issue was involved in the case ... case is the genuineness of loan taken from BVPL. The identity of BVPL was not under question. In order to establish the genuineness of the transaction and the creditworthiness of the lender i.e. BVPL, the assessee had furnished the copy of confirmation, bank statement, income tax return and balance sheet