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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

Income Tax Officer, Mumbai vs. Jaiprakash Dhirajlal Barbhaya, Mumbai

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

ITA 3547/MUM/2023[2009-10]Status: DisposedITAT Mumbai21 May 2024AY 2009-10

Bench: Shir Pavan Kumar Gadale & Shri Girish Agrawalito-41(2)(2), Vs. Jaiprakash Dhirajlal R.No.612, 6Th Floor, Barbhaya, Kautilya Bhavan, Bkc 301, Mahavir Apt, Bandra (E), Nahur Road, Mumbai-400051. Sarvodaya Nagar, Mumbai-400080. Pan/Gir No. : Agppb9599J Appellant .. Respondent Appellant By : Ms.Rajeshwari Menon.Sr.Dr Respondent By : None Date Of Hearing 15.05.2024 Date Of Pronouncement 16.05.2024 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/Sec 271(1)(C) & U/Sec 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Ms.Rajeshwari Menon.Sr.DRFor Respondent: None
Section 271(1)(c)

assessee appeared from time to time and filed the requisite details. Whereas the AO to test check the genuineness of the transaction has issued notice u/sec 133(6) on the parties and the some notices were returned un served and in other cases no compliance by the parties. Hence ... reply along with the available material information but the AO was not satisfied with the explanations and details and observed that the genuineness of the transactions Jaiprakash Dhirajlal Barbhaya, Mumbai. could not be established and made addition of bogus purchases u/sec 69C of Rs.4,84,33,878/-,similarly made addition

Acuity Merchants Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata.

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1338/KOL/2023[2017-18]Status: DisposedITAT Kolkata20 May 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1338/Kol/2023 Assessment Year : 2017-18 Acuity Merchants Pvt Ltd.……..…………............…...……………....Appellant Amrita Abasan, Bimalendu Ghosh Sarani, Sonarpur, Kolkata- 700150. [Pan: Aaica4474D] Vs. Ito, Ward-4(3), Kolkata……...............................................…..…..... Respondent Appearances By: Shri S. K. Tulsiyan, Advocate, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 20, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A), Nfac, Delhi Erred In Law In Having Upheld The Addition Of Rs 8.61,73,500/- U/S 68 Of The Act Without Properly Appreciating The Admitted Facts On Record That The Assessee Had Received Loans In The Form Of Shares Only From Various Parties/Creditors Duly Reflected In The Demat Account & Not Any Fund Transacted Either Through Bank Or Cash Book & Hence Such Receipt Of Shares As Loan Did Not Amount To Cash Credit As Envisaged U/S 68 Of The Act.

Section 115BSection 250Section 68

only. He noted that the assessee had failed to submit the necessary documents to prove the identity and creditworthiness of the creditors and genuineness of the transaction in respect of 5 persons amounting to Rs.8,61,73,500/-. He, therefore, treated the said amount of Rs.8

G.S.Auto International Limited, Ludhiana vs. Asstt. Commissioner of Income Tax, Central Circle-II, Ludhiana

In the result, the appeal of the assessee stands allowed

ITA 391/CHANDI/2023[2012-2013]Status: DisposedITAT Chandigarh17 May 2024AY 2012-2013

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadavआयकर अपील सं./ Ita No.391/Chandi/2023 "नधा"रण वष" / Assessment Year : 2012-13 G.S. Auto International बनाम Acit, Central Circle-Ii, Limited Ludhiana G.S. Estate, G T Road, Ludhiana. "थायी लेखा सं./Pan No: Aaacg6090R अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri P. K. Goel, Ca & Shri Sunil Arora, Advocate. राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit, Dr सुनवाई क" तार"ख/Date Of Hearing : 01.04.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 21.05.2024 आदेश/Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 05.04.2023 Of The Commissioner Of Income Tax (Appeals)-5, Ludhiana [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: Assessment Year : 2012-13 G.S. Auto International Limited Page 2 Of 6

For Appellant: Shri P. K. Goel, CA and Shri SunilFor Respondent: Shri Rohit Sharma, CIT, DR
Section 153ASection 250Section 68Section 69

while sustaining the addition failed to appreciate that all the documents proving the identity and creditworthiness of the Investors and genuineness of the transactions as required U/s 68 of the Income Tax Act. 1961 has been submitted before him and the appellant has adequately/ completely discharged the burden enjoined upon