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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

Rajen Harshadrai Sanghavi, Mumbai vs. ITO 26 (3) - 1, Mumbai

In the result appeal of the assessee is allowed and reassessment order is quashed

ITA 466/MUM/2024[2013-14]Status: DisposedITAT Mumbai12 Aug 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 466/Mum/2024 (A.Y. 2013-14) Rajen Harshadrai Sanghavi Vs. Ito 26(3)(1) 3, Garden View Apartment Kautilya Bhavan Dr. Ambedkar Road Mulund Bandra Kurla Complex, West, Mumbai-400 080 Bandra East, Mumbai Pan : Aaips5226J 400 051. (Appellant) (Respondent) Assessee By Shri Mehul Shah Department By Shri R.R. Makwana Date Of Hearing 12.06.2024 Date Of Pronouncement 12.08.2024 O R D E R 1. This Appeal Is Filed By The Assessee/Appellant Against The Appellate Order Passed By Commissioner Of Income Tax, Appeal Being Additional Cit/Joint Commissioner Of Income Tax (A) – 2, Siliguri (The Learned Cit – A) For Assessment Year 2013 – 14 Dated 7/12/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Dated 21/12/2019 Passed By The Income Tax Officer , Ward 26 (3) (1), Mumbai (The Learned Ao) Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Wherein Claim Of Exemption Under Section 10 (38) Of The Act Of Rs. 1,657,645/– Was Denied, Was Dismissed. 2. Assessee Is Aggrieved & Is In Appeal Before Us Against The Assessment Order Denying The Exemption Under Section 10 (38) Of The Act. 3. The Brief Fact Of The Case Shows That Assessee Is An Individual Filed Return Of Income Declaring Income Of Rs. 269,000/– Assessee Has Claimed Exemption Of Long-Term Capital Gain Of Rs. 16,57,545/–. Roi

Section 10Section 143Section 147Section 148Section 68

assessing officer did not consider the above explanation as in the opinion of the learned assessing officer, the assessee could not prove the genuineness of the transaction. Accordingly, the assessment order under section 143 (3) read with section 147 of the act was passed determining total income of the assessee

Lks Bullion (Import and Export) Pvt.Ltd., Ahmedabad vs. The Income Tax Officer, Ward-2(1)(3), Ahmedabad

In the result, the appeal by Assessee is partly allowed

ITA 382/AHD/2022[2010-11]Status: DisposedITAT Ahmedabad08 Aug 2024AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.382/Ahd/2022 "नधा"रण वष" /Assessment Year : 2010-11 L.K.S. Bullion (Import & The Income Tax Officer बनाम/ Export) Pvt.Ltd. Ward-2(1)(3) 368, Lks House, Ahmedabad – 380 014 V/S. Khetarpal-Ni-Pole Manek Chowk Ahmedabad -380 001 (Gujarat) "थायी लेखा सं./Pan: Aaacl 7369 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar Revenue By : Shri Alpesh Parmar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 05/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 08/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 27/08/2022 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 18/12/2017 By The Assessing Officer (Ao) Under Section 143(3) R.W.S. 147 Of The Income L.K.S. Bullion (Import & Export) Pvt.Ltd. Vs. Ito Asst. Year : 2010-11

For Appellant: Shri S.N. Soparkar, Sr.Advocate &For Respondent: Shri Alpesh Parmar, Sr.DR
Section 131Section 133(6)Section 143(1)Section 143(3)Section 148

other hand, placed reliance on the order of AO and the Ld.CIT(A) and stated that the assessee failed to explain the genuineness of the transactions. L.K.S. Bullion (Import and Export) Pvt.Ltd. vs. ITO Asst. Year : 2010-11 10 9. We have heard the rival contentions, perused the material