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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

DCIT, Ahmedabad vs. Tripoli Management Private Limited, Ahmedabad

In the result, the Revenue’s appeal stands dismissed

ITA 5/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad01 Aug 2024AY 2016-17

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.5/Ahd/2024 "नधा"रण वष" /Assessment Year : 2016-17 The Dcit Tripoli Management Pvt.Ltd. Ahmedabad बनाम/ 8-301, Safal Pegasis 100 Ft. Road V/S. Prahladnagar Ahmedabad- 380 015 "थायी लेखा सं./Pan: Aabct 0588 J (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Vartik Chokshi, Ar Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 29/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 01/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Revenue As Against The Order Dated 19/10/2023 Passed By The Ld.Commissioner Of Income Tax(Appeals)-12, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 27/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2016-17. The Dy.Cit Vs. Tripoli Management Pvt.Ltd. Asst. Year : 2016-17

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 131Section 133(6)Section 143(3)Section 68Section 69C

formalities are under process. 3.2. During the course of appellate proceedings, the assessee furnished all necessary details relating to identity of the lenders, genuineness of the transactions and creditworthiness of the lenders. The assessee also stated that the AO has not relied on any concrete evidence or information to prove ... assessee-company. The Ld.CIT(A) also recorded his observation that the AO has not objected to the identity as well as genuineness of the transactions in subsequent years. The Dy.CIT Vs. Tripoli Management Pvt.Ltd. Asst. Year : 2016-17 4. Aggrieved by the order of the Ld.CIT(A), the revenue

The Panchmahals Dist. Co. Op. Bank Ltd., Godhra vs. The Income Tax Officer, Ward-3(1)(2), Vadodara

In the result, the appeal of the Assessee is allowed

ITA 675/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.675/Ahd/2023 "नधा"रण वष" /Assessment Year : 2017-18 The Panchmahals Dist. Co- The Ito Op.Bank Ltd. बनाम/ Ward-3(1)(2), Prabha Road Vadodara V/S. Dahod Highway Godhra – 389 001 (Gujarat) "थायी लेखा सं./Pan: Aaajt 0268 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 25/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 31/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 14/08/2023 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 29/12/2019 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income The Panchmahals Dist. Co-Op. Bank Ltd. Vs. Ito Asst. Year : 2017-18

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 115BSection 143(2)Section 143(3)Section 234BSection 69A

addition under Section 68 of the Act, as the assessee had sufficiently demonstrated compliance with KYC norms, systematic record-keeping, and the genuineness of the transactions. This case reinforces the principle that adherence to regulatory norms and systematic record-keeping can effectively counter additions under Section 68 related to unexplained

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1646/CHNY/2018[2008-09]Status: DisposedITAT Chennai31 Jul 2024AY 2008-09

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

income to issue cheque to the assessee, which was confirmed by the ld. CIT(A). The ld. CIT(A) also held that the genuineness of the transactions and capacity of the parties were not proved in respect of the parties from whom the assessee claimed to have received cheques

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1625/CHNY/2018[2010-11]Status: DisposedITAT Chennai31 Jul 2024AY 2010-11

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

income to issue cheque to the assessee, which was confirmed by the ld. CIT(A). The ld. CIT(A) also held that the genuineness of the transactions and capacity of the parties were not proved in respect of the parties from whom the assessee claimed to have received cheques

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1624/CHNY/2018[2009-10]Status: DisposedITAT Chennai31 Jul 2024AY 2009-10

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

income to issue cheque to the assessee, which was confirmed by the ld. CIT(A). The ld. CIT(A) also held that the genuineness of the transactions and capacity of the parties were not proved in respect of the parties from whom the assessee claimed to have received cheques

Samarjit Singh Chabra, Chennai vs. ITO Non Corporate Ward 14(1), Chennai

In the result, all the appeals filed by the assessee in ITA No

ITA 1623/CHNY/2018[2007-08]Status: DisposedITAT Chennai31 Jul 2024AY 2007-08

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.1623, 1624, 1625 & 1646/Chny/2018 िनधा"रण वष"/Assessment Years: 2007-08, 2009-10, 2010-11 & 2008-09 & W.T.A. Nos. 43 & 44/Chny/2018 Assessment Years: 2007-08, 2008-09 Shri Samarijit Singh Chabra, Vs. The Income Tax Officer/ No. K-10, Sangath Apartments, Wealth Tax Officer, Mgr Nagar, Velachery, Non Corporate Ward – 14(1), Chennai 600 042. Chennai. [Pan: Bfops1703Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 08.05.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: These Four Income Tax Appeals Filed By The Assessee Are Directed Against Different Orders All Dated 26.02.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai For The Assessment Years 2007-08, 2009-10, 2010-11 & 2008-09. 2. Since, Issues Raised In All The Appeals Are Similar Based On The Same Identical Facts, With The Consent Of The Both The Parties, We Proceed

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)

income to issue cheque to the assessee, which was confirmed by the ld. CIT(A). The ld. CIT(A) also held that the genuineness of the transactions and capacity of the parties were not proved in respect of the parties from whom the assessee claimed to have received cheques