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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

R. G. Sundar & Co, Erode vs. DCIT, Central Circle-2, Coimbatore

In the result, the appeal filed by the assessee is allowed

ITA 121/CHNY/2024[2017-18]Status: DisposedITAT Chennai30 May 2024AY 2017-18

Bench: Shri Mahavir Singh & Shri Jagadishआयकर अपील सं./Ita No.121/Chny/2024 िनधा8रण वष8 /Assessment Year: 2017-18 R.G Sundar & Co., The Dy. Commissioner Of Erode Feeds Producers, Vs. Income Tax, 82 Perundurai Road, Central Circle-2, Erode – 638 011. Coimbatore. [Pan: Aaffr-3771-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथF की ओर से/ Appellant By : Shri H.Yeswanthkumar, C.A HiथF की ओर से /Respondent By : Shri P.Sajit Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 30.05.2024 घोषणा की तारीख /Date Of Pronouncement : 30.05.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By The Assessee Is Against The Order Of Learned Commissioner Of Income Tax (Appeals), Chennai [Hereinafter “Cit(A)”] Dated 21.11.2023 In The Matter Of Assessment Framed By Ld. Assessing Officer [Ao] U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter “The Act”) On 26.12.2019. The Grounds Of Appeal Raised By The Assessee Are As Under: 1. For That The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts & Circumstances Of The Case To The Extent :- 2 -:

For Appellant: Shri H.Yeswanthkumar, C.A HIFor Respondent: Shri P.Sajit Kumar, JCIT
Section 143(3)Section 40ASection 40A(3)

circumstances of the case. :- 5 -: Ground No.8 For that the appellant has sufficient evidence to prove the identity of the creditors, the genuineness of the transaction and the creditworthiness of M/s. Pon Azhaqu Stores to advance the sum of Rs.2,00,000/- to the appellant.” 7. The above grounds

Income Tax Officer, Chennai vs. Sankaran Nirmala, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 807/CHNY/2023[AY 2018-19]Status: DisposedITAT Chennai29 May 2024

Bench: Shri Mahavir Singh & Shri Jagadishआयकर अपील सं./Ita No.807/Chny/2023 िनधा9रण वष9 /Assessment Year: 2018-19 The Income Tax Officer, Sankaran Nirmala, Corporate Ward-6(1), Vs. Steeple Reach, First Floor, Chennai. Cathedral Road, Chennai – 600 086. [Pan: Acgpn-0803-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथG की ओर से/ Assessee By : Shri Suhrith Parthasarathy, Advocate IjथG की ओर से /Revenue By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 29.05.2024 घोषणा की तारीख /Date Of Pronouncement : 29.05.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Appeal Filed By Revenue Is Directed Against The Order Of Learned Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 16.05.2023 Arising From The Assessment Order Of National E Assessment Center For The Assessment Year 2018-19. :- 2 -:

For Appellant: Shri Suhrith ParthasarathyFor Respondent: Shri P. Sajit Kumar, JCIT
Section 271ASection 69

made addition of peak balance in the account. The Ld. AO has made the addition stating that assessee has not proved the genuineness of the transaction, nature and source of income in bank account in which she was signing authority with documentary evidence. The Ld. CIT(A) has deleted ... income of the company and not the income of Ms Nirmala Sankaran. The onus is on the assessee to :- 3 -: prove the genuineness of the transaction, nature and source of income in bank accounts in which she was signing authority with documentary evidence. The assessee has only furnished the details