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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

ACIT, Cir-10(2), Kolkata vs. M/S Skyscraper Projects Pvt. Ltd., Kolkata

In the result, the appeal of the revenue is partly allowed for statistical purposes

ITA 2542/KOL/2019[2012-13]Status: DisposedITAT Kolkata23 Sept 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shrisonjoy Sarma, Hon’Ble Judicialmember Assessment Year: 2012-13 Acit, Circle-10(2), M/S. Skyscraper Projects Kolkata, Pvt. Ltd. Aayakar Bhawan, 3R 53B, Townshend Road, Floor, Vs Kolkata-700025. P-7, Chowringhee {Pan: Aajcs 1656 G] Square, West Bengal – 700069 (Appellant) (Respondent) Present For: Assessee By : Shri Anuj Musaddi, Ar Revenue By : Shri P.P. Barman, Additional Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement: 23.09.2024 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Revenue For The Assessment Year 2012-13 Is Directed Against The Order Dated 19.08.2019 Passed By The Ld. Commissioner Of Income-Tax (Appeals)-4Kolkata, [Hereinafter Referred To As ‘The Ld. Cit(A)’].

For Appellant: Shri Anuj Musaddi, ARFor Respondent: Shri P.P. Barman, Additional CIT, Sr. DR
Section 142(1)Section 143(2)Section 43B

undersigned to give an opportunity to the assessee to produce the evidence before the undersigned and to verify the identity, capacity and genuineness of the transactions and submit a report in this regard. In this context, I would like to submit the factual findings of the case, which ... associated concerm and the same were taken for its business exigency which are free of interest. Accordingly, to verify the identity, capacity and genuineness of the transactions, notice u/s. 133(6) of theIncome Tax Act, were issued to the creditors from whom the assessee had takenunsecured loans and advances, asking

Vikesh Sampat Jain, Pune vs. Income Tax Officer, Ward-6(1), Pune

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 828/PUN/2023[2015-16]Status: DisposedITAT Pune20 Sept 2024AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.828/Pun/2023 िनधा"रण वष" / Assessment Year: 2015-16 Vikesh Sampat Jain, Vs. Ito, Ward-6(1), Pune. 501, Ajanta Complex, Rasta Peth, Near K.E.M. Hospital, Pune- 411011. Pan : Abbpj0844K Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By Shri Sourabh Nayak : Date Of Hearing 25.06.2024 : Date Of Pronouncement : 20.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.05.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A) Erred In Confirming The Assessed Income At Rs. 54,68,490/- As Against The Returned Income Of Rs. 8,18,490/- 2. The Learned Cit(A) Has Erred In Confirming Addition Of Rs.6,50,000/- In Respect Of Loan Availed By Assessee From Mr.

For Appellant: Smt. Deepa Khare
Section 143(2)Section 143(3)Section 68

basis of non-filing of income tax return by the loan providers. It was submitted by the assessee that the identity, creditworthiness and genuineness of the transactions was proved before the Assessing Officer. In this regard, it was submitted that the loan provider is none other than the father ... father of the assessee. Therefore, the identity of the loan provider is beyond doubt. All the transactions were made through banking channels, so genuineness of the transactions is also proved and it was also 5 the contention of the assessee that the loan provider has obtained loan from other persons

DCIT, Central Circle-3(1), Hyderabad vs. Varsity Education Management Pvt Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 208/HYD/2023[2011-12]Status: DisposedITAT Hyderabad20 Sept 2024AY 2011-12

Bench: Shri Manjunatha, G. & Shri Prakash Chand Yadavआ.अपी.सं /Ita No. 208/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2011-12) Deputy Commissioner Of Vs. Varsity Education Income Tax, Central Circle Management (P) Ltd 3(1) Hyderabad Hyderabad Pan:Aadcv6100E (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Shri B. Balakrishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 18/09/2024 घोषणा की तारीख/Pronouncement: 20/09/2024 आदेश/Order

For Appellant: Advocate A.V. RaghuramFor Respondent: : Shri B. Balakrishna, CIT(DR)
Section 271(1)(c)Section 274Section 68

from non-resident entities and also necessary valuation report in support of share price. In fact, the Assessing Officer never disputed the identity, genuineness of the transaction and creditworthiness of the shareholders which is evident from the addition made by the Assessing Officer, where the Assessing Officer has accepted share ... which is evident from the findings of the Assessing Officer in the assessment order where, the Assessing Officer never disputed the identity and genuineness of the transaction. The allegation of the Assessing Officer on deliberate act of furnishing of inaccurate particulars of income has neither been established nor has found