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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

Skanda Kumar Kasturi, Kurnool vs. Income Tax Officer, Ward-1, Kurnool

In the result, appeal filed by the assessee is allowed

ITA 459/HYD/2024[2017-18]Status: DisposedITAT Hyderabad26 Jun 2024AY 2017-18

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.459/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18) Shri Skanda Kumar Vs. Income Tax Officer Kasturi, Kurnool Ward 1 Pan:Actpk0562A Kurnool (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.A. Sai Prasad, Ca रधजस् व द्वधरध/Revenue By:: Smt. P. Sumitha, Dr सुिवधई की तधरीख/Date Of Hearing: 26/06/2024 घोर्णध की तधरीख/Pronouncement: 26/06/2024 आदेश/Order

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Smt. P. Sumitha, DR
Section 133ASection 68

source for cash deposit during the demonetization period. The assessee had also obtained confirmation letters from the parties to prove the identity, genuineness of the transaction and creditworthiness of the parties. The Assessing Officer and the learned CIT (A) without appreciating the relevant facts made addition ... deposits into the bank account during the demonetization period. Since the appellant has furnished the identity of the creditors and also proved the genuineness of the transactions and their creditworthiness, in my considered opinion, the Assessing Officer has erred in making addition towards the amount received from debtors as unexplained

B.K. Sales Corporation, New Delhi vs. ACIT, Circle- 36(1), New Delhi

In the result, this appeal of the assessee is allowed

ITA 1498/DEL/2018[2014-15]Status: DisposedITAT Delhi26 Jun 2024AY 2014-15

Bench: Shri Shamim Yahya & Ms. Madhumita Roym/S. B.K. Sales Corporation, Vs. Acit, Circle 36 (1), D-1, Gf 5, Virat Bhawan, New Delhi. Commercial Complex, Dr. Mukherjee Nagar, New Delhi – 110 009. (Pan : Aaafb4846K) (Appellant) (Respondent) Assessee By : Shri Ashwani Kumar, Ca Shri Ankur Agarwal, Ca Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 12.06.2024 Date Of Order : 26.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-12, New Delhi Dated 06.12.2017 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Revenue : Disallowance Of Service Charges/Commission Paid To Six Hufs Rs.3196047 – A. The Ld. Assessing Officer Has Ignored I. The Basic Fact Of The Assessee Being A Service Recipient Getting Such Services From Various Unrelated Entities.

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 143Section 250Section 251(1)(a)Section 271(1)(c)

work as broker where individual skills are required. The Assessing Officer further observed that making the payments through cheques do not prove the genuineness of the transaction. According to the Assessing Officer, the TDS made on the payments and confirmation from the parties do not prove the validity

Mohammed Iqbal Mulla, Mumbai vs. The Income Tax Officer 11(1)(1), Aaykar Bhawan, Mumbai

In the result all the grounds of appeal are allowed with above direction

ITA 4808/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Jun 2024AY 2016-17

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4808/Mum/2023 (A.Y. 2016-17) Mohammed Iqbal Mulla Vs. Ito-11(1)(1) 601/701, Atlantis, Seven Aayakar Bhavan Bungalow, Andheri West M.K. Road Maharashtra-400 061. Churchgate Mumbai-400 020. Pan : Aaepm2197E (Appellant) (Respondent) Assessee By Shri Rishab Jain Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mr. Mohammad Iqbal Mulla, ( The Assessee Appellant) Against The Appellate Order Passed By National Faceless Appeal Centre, Delhi (The Learned Cit – A) For Assessment Year 2016 – 17 On 30/10/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) Dated 27/12/2018 Passed By The Income Tax Ofc, Ward – 11 (1) (2), Mumbai (The Learned Ao) Wherein The Total Income Of The Assessee Was Assessed At Rs. 1,655,770/– On Account Of Addition Of Salary Income, Unsecured Loan Under Section 68, Advanced Against Sale Of Agricultural Land Under Section 68 & Agricultural Income , Total Addition Amounting To Rs. 5,401,802/–, Was Dismissed. 2. Therefore, The Assessee Is Aggrieved With The Appellate Order & Has Preferred To Appeal Raising Grounds Against All The Additions Confirmed. 3. Brief Facts Of The Case Show That The Assessee Is An Individual & Director In Cities In World Travels Private Limited & Messes Present Page 1 Of 6

Section 143Section 68

from life of the assessee for acquiring any immovable property. Assessee was asked to justify the identity, creditworthiness, and genuineness of the transaction. Assessee did not submit anything and therefore the learned assessing officer made the addition of the unsecured loan of Rs. 3,617,990/– as unexplained cash credit