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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, Chennai vs. M/S Aditya Trading Solutions Private Limited, Chennai

ITA 843/CHNY/2022[2012-2013]Status: DisposedITAT Chennai27 Mar 2024AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपीलसं./Ita No.: 843/Chny/2022 & Co No.: 17/Chny/2023 िनधा"रणवष" / Assessment Year: 2012-13 Deputy Commissioner Of M/S. Aditya Trading Solutions Income Tax, V. Private Limited, Central Circle-3(1), 25 G9, Gems Court, Chennai – 34. Khader Nawaz Khan Road, Nungambakkam, Chennai – 600 034. [Pan: Aafca-0343-N] (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ" क" ओर से/Appellant By : Shri. V. Nandakumar, Cit : Shri. I. Dinesh, Advocate ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 28.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 27.03.2024

For Appellant: Shri. V. Nandakumar, CIT
Section 68

erred in deleting the addition made u/s. 68 of the IT Act, / wen the assessee failed to prove the creditworthiness and genuineness of the transactions and had not discharged its primary onus required u/s. 68 of the IT Act. 2.1 The learned CIT(A) erred in holding that no addition ... such as PAN, Income tax assessment particulars, financial statements and Annual return filed before ROC are not sufficient to establish credit worthiness and genuineness of the transactions under consideration when surrounding and attending facts which were brought on record indicated a cover up and that the documents produced

Ajay Shankarlal Bankda, Mumbai vs. DCIT, Circle 16(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2484/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Mar 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2484/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Ajay Shankarlal Bankda बिधम/ Dcit, Circle-16(2) B Wing 4301, Db Woods, Aayakar Bhavan, Vs. Gokuldham, Goregaon East, Maharshi Karve Marg Mumbai-400063. Road, New Marine Lines, Churchagate, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpb2851J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anuj Kisnadwala Revenue By: Shri Anil Sant (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 08/03/2024 घोषणा की तारीख /Date Of Pronouncement: 22/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 21.06.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Addition Of Rs.88,06,950/- Made By The Ao U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri Anuj KisnadwalaFor Respondent: Shri Anil Sant (Sr. DR)
Section 10(38)Section 131Section 143(1)Section 147Section 148Section 68

this, all that the Commissioner observed is that the Assessee transacted through brokers at Calcutta, which itself raises doubt about the genuineness of the transactions and the financial result and performance of the Company was not such as would justify the increase in the share prices. Therefore, he reached ... taxmann.com 451, by observing as under :- “..Learned ITAT has specifically held that the assessee has produced all the relevant documentary evidence to establish genuineness of the transaction and there is no contrary evidence to doubt the correctness of the evidences produced by the assessee and therefore treating the transaction

Saptarshi Realtors Pvt Ltd, Mumbai vs. Income Tax Officer-Ward 8 (1)(1), Mumbai

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

ITA 3291/MUM/2022[2013-14]Status: DisposedITAT Mumbai22 Mar 2024AY 2013-14

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Aaykar Bhavan, Nanabhai Raralkar Marg, Vs. M.K. Road, Paral Village, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Pan No. Aaacm6828M Saptarshi Realtors Private The Income Tax Officer Limited Ward 8(1)(1) Room No.651, 6Th Floor, 5, 40-45 Kamar Mansion, Nanabhai Raralkar Marg, Aaykar Bhavan, Vs. Paral Village, M.K. Road, Mumbai-400 020 Mumbai-400 012 (Appellant) (Respondent) Assessee By : Shri Advocate Devendra Jain, Ar Revenue By : Shri Manoj Kumar Singh, Sr Dr Date Of Hearing: 14.03.2024 Date Of Pronouncement : 22.03.2024

For Appellant: Shri Advocate Devendra JainFor Respondent: Shri Manoj Kumar Singh, SR DR
Section 143Section 250

erred in deleting the advance taken by the assessee specially so when the assessee failed to prove the nature and genuineness of the transaction during the assessment proceedings and no remand report was called for in respect of this issue and in absence of any contrary findings regarding genuineness ... income tax return. He also considered that in the remand proceedings the assessee has submitted evidences with respect to the identity, creditworthiness and genuineness of the transaction. However, the learned AO did not believe in the assessment and remand proceedings about the creditworthiness and genuineness of the above transaction