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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

Assistant Commissioner of Income Tax, Circle-3.3.1, Mumbai vs. Shapoorji Pallonji Solar Holdings Pvt. Ltd., Mumbai

In the result, the appeal is dismissed

ITA 5135/MUM/2024[2021-22]Status: DisposedITAT Mumbai23 Jan 2026AY 2021-22

Bench: Shri Saktijit Dey & Shri Jagadishasst. Cit, Circle 3.3.1 Shapoorji Pallonji Solar Holdings Room No. 522, 5Th Floor, Pvt. Ltd. Aayakar Bhavan, M. K. Road, Vs. 41/44, Sp. Centre Minoo Desai Mumbai-400 020 Marg, Colaba, Mumbai-400 005 Pan/Gir No. Aagcp 3195 E (Appellant) : (Respondent) Appellant By : Shri Dharmesh Shah & Ms. Mitali Parekh Respondent By : Shri Arun Kranti Datta – Cit Dr Date Of Hearing : 13.01.2026 Date Of Pronouncement : 23.01.2026 O R D E R Per Saktijit Dey: The Captioned Appeal By The Revenue Arises Out Of Order Dated 29.07.2024, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi, Pertaining To The Assessment Year (A.Y. For Short) 2021-22. 2. There Is Delay Of Four Days In Filing The Appeal. After Considering The Submissions Of The Parties, We Are Satisfied That The Delay In Filing The Appeal Was Due To Reasonable Cause. Hence, We Condone The Delay & Admit The Appeal For Adjudication On Merits. The Grounds Raised By The Revenue Are As Under: (I) "Whether On The Facts & In The Circumstances Of The Case, The Cit(A) Erred In Holding That Both The Assessing Officers In Their Remand Report Have Not Given Adverse Findings Against The Assessee On The Issue Of Long Term Capital Loss Carried Forward, When In Fact Both Of Them Have Categoricaly Disagreed With The Submissions Made By The Assessee."

For Appellant: Shri Dharmesh Shah &For Respondent: Shri Arun Kranti Datta – CIT DR

undersigned to verify the correctness of the claim of the assessee. Further, the onus is completely on the assessee company to prove genuineness of the transaction and to provide a satisfactory explanation however, assessee company fails to give even after reasonable opportunity given before remand proceedings. Thus the assessee