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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

Shrijeet Finance P Ltd, Beed vs. Assistant Commissioner of Income-Tax, Circle, Jalna

In the result, appeal of the assessee is partly allowed

ITA 439/PUN/2022[2017-18]Status: DisposedITAT Pune22 Apr 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.439/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 Shrijeet Finance Private Limited, The Assistant Ambejogai Road, Parli, V Commissioner Of Maharashtra – 431515. S Income Tax, Circle, Pan: Aaqcs2652F Jalna. Appellant/ Assessee Respondent /Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 22/02/2024 Date Of Pronouncement 22/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961, Dated 25.10.2021 Emanating From Assessment Order Dated 27.12.2019 Passed Under Section 143(3) Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : 1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Confirming The Addition Of Rs.6,66,151/- Shrijeet Finance Private Limited [A]

Section 143(3)Section 250Section 36Section 68

invoke section 68 of the Act, the AO has to prove that assessee failed to file identity of the depositors, genuineness of the transaction and creditworthiness. In this case, the assessee had submitted the names of the persons from whom cash was received during the demonetization period in the form ... asked the assessee to produce the said KYC Documents. Rather AO has not challenged the identity of the depositors, genuineness of the transactions and creditworthiness of the depositors. In these facts and circumstances of the case, we are of the opinion that no addition can be made under section

Aditya Arav Dev-Cons Co Private Limited, Ramnagargarh, Dhanbad vs. DCIT, Circle-1, Kali Mitra Lane Kolkata

In the result, appeal of the assessee is allowed

ITA 763/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Apr 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 763/Kol/2023 Assessment Year: 2013-14 Aditya Arav Dev-Cons Co Private Dy. Commissioner Of Income Tax, Limited Vs Circle - 1, Kolkata Kali Mitra Lane Kolkata - 700006 [Pan : Aahca8209M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.N. Keshari, Fca Revenue By : Shri Archana Gupta, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 16/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 22/04/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. Only Grievance Of The Assessee Is Against The Finding Of The Ld. Cit(A) Confirming The Penalty Of Rs.14,21,776/- Levied By The Ld. Assessing Officer U/S 271(1)(C) Of The Act. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Impugned Penalty Has Been Levied On The Additions Made On Estimate Basis & There Is No Specific Finding For Making The Addition That The Assessee Has Concealed Particulars Of Income Or Furnished Inaccurate Particulars Of Income.

For Appellant: Shri A.N. Keshari, FCAFor Respondent: Shri Archana Gupta, Addl. CIT, Sr. D/R
Section 133(6)Section 250Section 271(1)(c)

Assessing Officer noticed that the assessee had claimed direct expenses of Rs.4,60,12,179/- paid to sub-contractors. Information about the genuineness of the transactions was examined by issuing notice u/s 133(6) of the Act to 22 sub-contractors. Few replies were received and there were certain