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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, Central Circle, Kolkata vs. Merlins, Kolkata

In the result, appeal of the revenue is dismissed

ITA 907/KOL/2023[2019-20]Status: DisposedITAT Kolkata02 May 2024AY 2019-20

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 907/Kol/2023 Assessment Year: 2019-20 Deputy Commissioner Of Income Merlins Merlin House Tax, Central Circle -2(3), Kolkata Vs Samghu Nath Pandit Street Bhowanipore Kolkata - 700020 [Pan : Aatfm9627P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tulsyan, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 20, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 02/06/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2019-20. 2. The Registry Has Pointed Out That There Is A Delay Of 28 Days In Filing Of This Appeal. There Is A Petition For Condonation Of Delay Stating Therein, The Reasons For The Delay. On Perusal Of The Petition, We Are Convinced That The Revenue Was Prevented For Reasonable Cause From Filing This Appeal In Prescribed Time Limit. Accordingly, We Condone The Delay & Admit The Appeal For Hearing On Merits.

For Appellant: Shri A.K. Tulsyan, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 139(1)Section 143(2)Section 153ASection 250Section 68

have duly replied to notice u/s 133(6) of the Act. Therefore, identity and creditworthiness of the alleged cash creditors and genuineness of the transactions is not in dispute and also the Assessing Officer has not brought any material on record indicating any discrepancy in the records filed ... been received from its own partners. These partners are part of the partnership firm for past many years. Therefore, identity and genuineness of the transactions cannot be disputed. So far as the creditworthiness is concerned material has been placed before us to show that the alleged sum which has been

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3655/MUM/2023[2015-16]Status: DisposedITAT Mumbai02 May 2024AY 2015-16

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

mention about such retraction mentioned in the information provided by DDIT (Inv.), Mumbai. According to AO, the assessee failed to prove the genuineness of the transaction, creditworthiness of the creditors and identity of the creditors. And since, the assessee did not discharge the burden to prove the “nature and source ... Raval was director of both the lender companies. Therefore, according to the AO, the assessee has not discharged the burden to prove the genuineness of the transaction, creditworthiness of the creditors and 8 3655/Mum/2023 A.Y. 2014-15 & 2015-16 Arjun Manoj Purohit. identity of the creditors in respect of credit

Arjun Manoj Purohit, Thane vs. Income Tax Officer, Ward-2(1), Thane

In the result, both the appeals of the assesse are allowed

ITA 3654/MUM/2023[2014-15]Status: DisposedITAT Mumbai02 May 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3654/Mum/2023 (िनधा"रण वष" / Assessment Year: 2014-15) & आयकर अपील सं/ I.T.A. No.3655/Mum/2023 (िनधा"रण वष" / Assessment Year: 2015-16) बनाम/ Arjun Manoj Purohit Ito, Ward-2(1) Room No. 25B, 6Th Arjun Niwas Padmavati Vs. Nagar, 150 Feet Road Floor, Asher It Park, Shyander (W), Thane- Road No. 16Z, Wagle 401105. Industrial Estate, Thane- 400604. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Anxpp8321K (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By: Shri Rakesh Joshi Revenue By: Shri Manoj Kumar Sinha (Sr. Dr) सुनवाई की तारीख / Date Of Hearing : 03/04/2024 घोषणा की तारीख /Date Of Pronouncement : 02/05/2024 आदेश / O R D E R

For Appellant: Shri Rakesh JoshiFor Respondent: Shri Manoj Kumar Sinha (Sr. DR)
Section 133(6)Section 148Section 68

mention about such retraction mentioned in the information provided by DDIT (Inv.), Mumbai. According to AO, the assessee failed to prove the genuineness of the transaction, creditworthiness of the creditors and identity of the creditors. And since, the assessee did not discharge the burden to prove the “nature and source ... Raval was director of both the lender companies. Therefore, according to the AO, the assessee has not discharged the burden to prove the genuineness of the transaction, creditworthiness of the creditors and 8 3655/Mum/2023 A.Y. 2014-15 & 2015-16 Arjun Manoj Purohit. identity of the creditors in respect of credit

Dream Valley Barter Pvt. Ltd., Kolkata vs. ITO, Ward 7(3), Kolkata

ITA 497/KOL/2024[2012-13]Status: DisposedITAT Kolkata30 Apr 2024AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.497/Kol/2024 Assessment Year: 2012-13 Dream Valley Barter Pvt. Ltd.….…….…................…...……………....Appellant C/O Narendra Goyal & Co, 16, N.S. Road, 2Nd Floor, Kolkata – 1. [Pan: Aaecd1016E] Vs. Ito, Ward-7(3), Kolkata….....…..........................................…..…..... Respondent Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 19, 2024 Date Of Pronouncing The Order : April 30, 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 26.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘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: “1) For That The Learned Cit (Appeals) Erred In Confirming The Addition Of Rs. 12,25,33,500/-Assessed By Ld. Assessing Officer (A O) Under Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (The Act') Dated 23/03/2015 On Account Of Unexplained Cash Credit Being Share Capital & Premium U/S 68 Of The Act On Irrelevant Considerations & Arbitrary Grounds Thus The Same Be Deleted.

Section 131Section 133(6)Section 143(3)Section 250Section 68

Form 5 along with receipt filed with ROC, details of source of funds relating to the identity and creditworthiness of the creditors and genuineness of the transaction. Apart from that, it was submitted that the identity of the share subscriber was duly proved, transactions were carried out through banking channel

Super Label Manufacturing LLP, Mumbai vs. Assistant Commissioner of Income Circle 27(3), Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 1659/MUM/2024[2017-18]Status: DisposedITAT Mumbai30 Apr 2024AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2017-18 M/S. Super Label Acit Circle 27(3) Manufacturing Llp Room No. 423, 4Th Floor, C- 307, Bhaveshwar Plaza, Vs. Tower No. 6, Off. Lbs Road, Vashi Railway Station, Ghatkopar West, Commercial Complex, Mumbai- 400086 Vashi- 400703, Navi Mumbai. Pan: Adcfs2304Q (Appellant) (Respondent) Present For: Assessee By : Shri Jayesh Dedia, C.A. Revenue By : Dr. Kishor Dhule, Cit D.R. Date Of Hearing : 25 . 04 . 2024 Date Of Pronouncement : 30 . 04 . 2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed By The Appellant Against The Order Of The Ld. Cit Appeal Passed U/S. 250 Of The Income Tax Act [The ‘Act’ In Short] Vide Order No. Itba/Nfac/S/250/2023-24/1062706368 Dated 15/03/2024 For The Assessment Year 2017-18. 2. Following Grounds Of Appeal Have Been Raised:

For Appellant: Shri Jayesh Dedia, C.AFor Respondent: Dr. Kishor Dhule, CIT D.R
Section 143(3)Section 250Section 68Section 69A

assessee could not explain the source of the deposits made in the undisclosed bank account and has also failed to establish the genuineness of the transactions. 9. During the course of hearing before us, it was submitted by the appellant that the Ld. CIT Appeal did not consider the submissions

Sama Jewellery Private Limited, Mumbai vs. DCIT-8(1)(1), Mumbai

In the result, the appeal is partly allowed

ITA 3988/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Apr 2024AY 2011-12

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahaysama Jewellery Private Dcit-8(1)(1) 6Th Floor, Limited, 313, Vasan Udyog Bhavan, Aayakar Bhawan, Off Senapati Bapat Marg, M.K. Road, Vs. Lower Parel, Mumbai 400020 Mumbai 400013. Pan No. Aaaat3419K (Appellant) (Respondent) Assessee By : Shri Himanshu Gandhi – Ca : Shri Prashant Mahajan – Sr. Ar Revenue By Date Of Hearing: 16.04.2024 Date Of Pronouncement : 30.04.2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed Against The Order Of The Ld. Cit Appeal Passed U/S 250 Of The Income Tax Act [The ‘Act’ In Short] Vide Din & Order No. Itba/ Nfac/S/250/2023-24/1056140099(1) Dated 15.9.2023 For The Assessment Year 2011-12. 2. The Facts Of The Case, In Brief, Are That The Appellant Is A Private Limited Company Engaged In The Business Of Manufacturing & Trading Of Jewelry. For The Assessment Year Under Consideration, The Appellant Filed Its Return Of Income Electronically On 28.09.2011 Declaring Total Income Of Rs.1,35,53,039/- Which Was Processed U/S. 143(1) Of The Income Tax Act Accepting The Returned Income. 3. In The Meantime, A Survey U/S. 133A Was Conducted In The Business Premises Of The Appellant On 04.2.2011 & Certain Discrepancy Was Sama Jewellery Private Limited; A. Y.2011-12

For Appellant: Shri Himanshu Gandhi – CA
Section 131Section 133(6)Section 133ASection 143(1)Section 143(3)Section 147Section 148Section 250

operator to the tune of Rs. 42,67,255/- in the Financial Year 2010-11. 5. The AO, in order to verify the genuineness of the transactions issued notice u/s 133(6) of the Act to the parties from whom the assessee had purchased the goods. When no confirmation

Income Tax Officer - 12(2)(1), Mumbai vs. Generotrade Exim Private Limited, Mumbai

In the result, appeal is dismissed

ITA 2529/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 Apr 2024AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2012-13 Income Tax Officer- 12 (2) (1), M/S. Generotrade Exim Room No. 145, 1St Floor, Private Limited 607, 6Th Floor, Aayakar Bhawan, Churchgate, Center Plaza, Mumbai- 400020. Daftary Road, Vs. Shivaji Chowk, Pan No. Aaecg6346E Malad (E.), Mumbai- 400097. (Appellant) (Respondent) Present For: Assessee By : Shri Piyush Chaturvedi A.R. Revenue By : Shri Manoj Kumar Singh, Sr. A.R. Date Of Hearing : 22 . 04 . 2024 Date Of Pronouncement : 30 . 04 . 2024 O R D E R Per : Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed By The Income Tax Officer- 12(2)(1), Mumbai Against The Order Of The Ld. Cit Appeal Passed U/S. 250 Of The Income Tax Act, 1961 [The ‘Act’ In Short] Vide Order No. Itba/Nfac/S/250/2023- 24/1053538381(1) Dated 03/6/2023 For The Assessment Year 2012-13. 2. Following Grounds Of Appeal Have Been Raised.

For Appellant: Shri Piyush Chaturvedi A.RFor Respondent: Shri Manoj Kumar Singh, Sr. A.R
Section 143(3)Section 250Section 68

passed in this case on 30/3/2015 wherein it was held that the assessee could not explain the genuineness of the transaction and the credit worthiness of the persons from whom share application money amounting 3 M/s. Generotrade Exim Private Limited to Rs.2,55,00,000/- and therefore, the same ... operandi of the assessee at length and concluded that the entire transaction is a sham transaction as the assessee couldn’t establish the genuineness of the transaction and also the creditworthiness of the parties from whom share application money were received. 6. The Ld. CIT Appeal, on the other hand

I.T.O., Ward-1(2), Kolkata vs. M/S Mangalvani Commercial Pvt. Ltd., Kolkata

In the result, appeal of the revenue is allowed

ITA 785/KOL/2019[2012-13]Status: DisposedITAT Kolkata29 Apr 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T.A. No. 785/Kol/2019 Assessment Year: 2012-13 Income Tax Officer, Ward-1(2), M/S. Mangalvani Commercial Pvt. Kolkata Vs Ltd. 2B, Grant Lane Room No.-4K Kolkata - 700012 [Pan: Aaccl2310D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Kiran Chatrapoty, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 29/04/2024 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Kolkata, (Hereinafter The “Ld. Cit(A)”) Dt. 15/01/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. None Appeared On Behalf Of The When The Case Was Fixed For Hearing On 24/08/2022, 01/09/2022, 11/10/2022 & 01/08/2023. No Compliance Was Made Even When Notices Were Sent Through Rpad. Even Today Also There Is No Representation. It, Therefore, Seems That The Assessee Is Not Interested To Pursue This Appeal. We, Therefore Decide To Adjudicate The Issue Raised In The Instant Appeal On The Basis Of The Available Records & Hearing The Departmental Representative. 3. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: NoneFor Respondent: Shri Kiran Chatrapoty, JCIT, Sr. D/R
Section 131Section 143(2)Section 250Section 68

Director, was not complied with. Thus, the ld. Assessing Officer was not able to examine the identity, creditworthiness of the share subscribers and genuineness of the transactions and further observing that no regular business was carried out during the year and even in the subsequent years the turnover