← All Phrases

“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

ITO-1(3)(4), Mumbai vs. Vishwas Rayons Private Limited, Mumbai

ITA 1027/MUM/2025[2014-15]Status: DisposedITAT Mumbai20 Jan 2026AY 2014-15

Bench: Hon’Ble Shri Sandeep Gosain& Hon’Ble Shri Om Prakash Kantito- 1(3)(4) Vs. Vishwas Rayons Private Room No. 528, 5Th Floor, Limited Aayakarbhavan, M.K. Road, Room No. 19, 3Rd Floor Mumbai- 400020 6 M.K. Amin Marg, Bora Bazar Street, Fort, Mumbai- 400001 Pan/Gir No. Aadcv1302N (Applicant) (Respondent) Assesseeby Shri. Rasesh Shah Revenue By Ms. Kavitha Kaushik,Sr.Dr. Date Of Hearing 13.11.2025 Date Of Pronouncement 20.01.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Revenue Challenging The Impugned Order 23.12.2024 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2014-15. The Following Grounds Are Reproduced Below: “1. I) On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred Allowing The Appeal Of The Assessee & Deleting The Addition Of Rs.3,62,27,500/- Made By The Ao Under I The Provisions Of Section 68 Of The 2 Vishwas Rayons Private Limited

Section 133(6)Section 250Section 4Section 68

Income tax Act, 1961 without considering that the amount so received was sought to be examined for its taxability as well as the genuineness of the transactions. ii) On the facts and circumstances of the case and in law the Ld. CIT(A) erred in ignoring the replies ... Consequently, the AO made additions of this amount u/s 4 Vishwas Rayons Private Limited 68 of the Act on the ground that the genuineness of the transaction was not proved. However, on appeal, Ld CIT(A) / NFAC after evaluating the entire facts, circumstances and documentary evidences, had deleted the additions

Pravinbhai Mahadevbhai Ambani, Morbi vs. Assistant Commissioner of Income Tax, Morbi

In the result, the appeal filed by the assessee is allowed for statical purpose

ITA 231/RJT/2025[2017-18]Status: DisposedITAT Rajkot19 Jan 2026AY 2017-18

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.231/Rjt/2025 "नधा"रणवष"/ Assessment Year: 2017-18 Pravinbhai Mahadebhai Ambani Assisstant Commissioner Of बनाम Prop. Of Digvijay Coal Industries, Income Tax, Pachvati Society, B/H, Kanya Vs. Income Tax Office, Aayakar Chhatralaya, Samala Road, Vibhag, J.K. Chamber Morbi – 363641 National Highway-8, At Lalpar Morbi – 363642 Pan No. : Abipa6387K (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld.Sr.Dr सुनवाई क" तार"ख /Date Of Hearing : 08/10/2025 घोषणा क" तार"ख /Date Of Pronouncement : 19/01/2026 Order Per, Dr. Dinesh Mohan Sinha, Jm:

For Appellant: Shri Chetan Agarwal, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld.Sr.DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 68Section 69

However, we are of the view that the assessing officer, as well as the Ld.CIT(A) has not taken care to verify the genuineness of the transaction of the assessee. That an independent inquiry should be conducted by the lower authority u/s.133(6) is reproduced for kind reference: “require ... view that one more opportunity should be given to the assessee as well as to the Department to establish the genuineness of the transaction and the Ld. AO should conducted do inquiry a pass an assessment according to law. 11. In the result, the appeal filed by the assessee

Sabbirbhai Abdeali Gangardiwala, Dahod vs. ITO Ward 01 Dahod, Dahod

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

ITA 1519/AHD/2025[2019-2020]Status: DisposedITAT Ahmedabad19 Jan 2026AY 2019-2020

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1519/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2019-20) बनाम/ Sabbirbhai Abdeali Income Tax Officer Gangardiwala Ward-01, Dahod Vs. H. No.1428, Hamidi Mohalla Taiwala, Dahod, Gujarat-389151 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Achpg4301R (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : None ""यथ" क" ओर से/Respondent By : Smt. Mamta Singh, Sr. Dr 13/01/2026 Date Of Hearing Date Of Pronouncement 19/01/2026 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi (Hereinafter Referred To As “Cit(A)”) Dated 31.05.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”) & Relates To Assessment Year (A.Y.) 2019-20. 2. The Grounds Of Appeals Raised By The Assessee Are As Under:

For Appellant: NoneFor Respondent: Smt. Mamta Singh, Sr. DR
Section 250Section 68

also submitted its own bank statement showing receipt of loan amounts through banking channels. The assessee had filed submissions in writing explaining the genuineness of the transaction contending that two NRI lenders had transferred funds to the assessee from their savings and funds which were earned through business carried ... Lanewala, a housewife, extended a loan from her savings accumulated over several years. Her confirmation on stamp paper and accompanying documentation establish the genuineness of the transaction (Enclosed: Loan Confirmation and Notary). c. The lenders refusal to share their private ITRs or full bank statements is not indicative