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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

Neeta Rajesh Lodha, Mumbai vs. CIT (A), NFAC, Delhi

In the result, the appeal of the assessee is allowed

ITA 408/MUM/2023[2011-12]Status: DisposedITAT Mumbai19 Mar 2024AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.408/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Neeta Rajesh Lodha बिधम/ Cit(Appeals)/Nfac 20/22, Shamseth Street, National Faceless Appeal, Vs. Zaveri Bazar, Mumbai- Centre (Nfac), Delhi. 400002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abdpl8053A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 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 20.12.2022 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.2,61,43,231/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.5,22,865/- As Commission (2% Of Sales Proceeds) For Arranging Bogus Ltcg U/S 69 Of The Act.

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Ashok Kumar Ambastha (Sr. AR)
Section 10(38)Section 147Section 68Section 69

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

Mr Bhavesh Kantilal Kubadia, Mumbai vs. Income Tax Officer, Ward-21(1)(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1490/MUM/2023[2013-2014]Status: DisposedITAT Mumbai19 Mar 2024AY 2013-2014

Bench: Shri Aby T. Varkey, Jm & Ms Padmavathy S, Am आयकर अपील सं/ I.T.A. No.1490/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Mr. Bhavesh Kantilal बिधम/ Ito, Ward-21(1)(2) Kubadia Room No. 104, 1St Floor, Vs. 7, 2Nd Floor, Neminath Piramal Chamber, Building, S. K. Bole Road, Lalbaug, Parel, Mumbai- (Dadar (W), Mumbai- 400012. 400028. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agrpk2377D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Neelkanth Khandelwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/02/2024 घोषणा की तारीख /Date Of Pronouncement: 19/03/2024 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 24.04.2023 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Making An Addition Of Rs.77,02,597 U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act As Well As Upholding The Addition Of Rs.2,31,038/- As Commission (3% Of Ltcg) For Arranging Bogus Ltcg U/S 69 Of The Act.

For Appellant: Shri Neelkanth KhandelwalFor Respondent: Shri Ashok Kumar Ambastha (Sr. AR)
Section 10(38)Section 147Section 68Section 69

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

Ranisati Hosiery (P) Ltd., Kolkata vs. PCIT-4, Kolkata.

In the result, appeal of the assessee stands allowed

ITA 1278/KOL/2023[2012-13]Status: DisposedITAT Kolkata18 Mar 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1278/Kol/2023 Assessment Year : 2012-13 Ranisati Hosiery (P) Ltd…….….…………............…...……………....Appellant Siddha Weston, Room No.126, 9, Weston Street, Kolkata – 700013. [Pan: Aafcr2959B] Vs. Pcit-4, Kolkata…………..….............................................…..…..... Respondent Appearances By: Shri Rajeeva Kumar & Giridhar Dhelia, Ar, Appeared On Behalf Of The Appellant. Shri Rakesh Kumar Das, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 31, 2024 Date Of Pronouncing The Order : March 18, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Revision Order Dated 12.03.2019 Of The Principal Commissioner Of Income Tax-4, Kolkata [Hereinafter Referred To As ‘Pcit’] Passed U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. As Per The Note Of The Registry, The Appeal Is Time Barred By 1722 Days. A Separate Application For Condonation Of Delay Has Been Filed Which Is Further Supported With The Affidavit Of Shri Bhupendra Bansal, Director Of The Assessee Company. It Has Been Explained That The Impugned Order Dated 12.03.2019. That The Copy Of The Order Was Not Served Upon The Assessee. That The Assessee Came To Know About The Passing Of The Impugned Order Only After The Receipt Of The Subsequent Assessment Order Passed U/S 144 R.W.S. 263 Of The Act. The Assessee

Section 131Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 263

Notices under section 133(6) were issued to the subscribers of shares for the purpose of verifying the identity, creditworthiness and genuineness of the transaction. All the share- subscribers filed replies in response to the notices issued u/s 133(6) of the Act. However, the Assessing Officer thereafter required ... novo assessment and directed the Assessing Officer to specifically examine the source of share application money, identity of investors, nature and genuineness of the transaction. The ld. PCIT further directed that to carry out the aforesaid investigation, the Assessing Officer will carry out proper examination of books of accounts including

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 95/MUM/2023[2013-14]Status: DisposedITAT Mumbai18 Mar 2024AY 2013-14

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.95/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 09.12.2022 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.3,20,97,772/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 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

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 94/MUM/2023[2012-13]Status: DisposedITAT Mumbai18 Mar 2024AY 2012-13

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.94/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 07.12.2022 For The Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao By Making An Addition Of Rs.73,11,760/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred “The Act” Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 68

observed is that the Assessee transacted through brokers at Calcutta, which itself raises 21 A.Y. 2012-13 Sheetal Rupesh Savla 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 ... 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

Sheetal Rupesh Salva, Mumbai vs. ITO, Ward-20(3)(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 93/MUM/2023[2011-12]Status: DisposedITAT Mumbai18 Mar 2024AY 2011-12

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.93/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Sheetal Rupesh Savla बिधम/ Ito Ward-20(3)(3) 601 Dev In Apartments, 6Th Floor, Piramal Vs. Adenwala Road, Plot-511, Chamber, Parel, Mumbai- Matunga, Mumbai-400019. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adhpk2176R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharen V. Gandhi (Adv) Shri Dinesh Shah Revenue By: Shri Nayanjoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/02/2024 घोषणा की तारीख /Date Of Pronouncement: 18/03/2024 आदेश / O R D E R Per Bench This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.12.2022 For The Assessment Year 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Making An Addition Of Rs.3,17,12,750/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Which According To The Assessee Ought To Have Been Held To Be Exempt U/S 10(38) Of The Act.

For Appellant: Shri Dharen V. Gandhi (Adv)For Respondent: Shri Nayanjoti Nath (Sr. AR)
Section 10(38)Section 147Section 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

Swarnandhra Jute Mills Pvt Ltd, Srikakulam vs. Assistant Commissioner of Income Tax, Circle-4(1), Visakhapatnam

In the result, appeal filed by the assessee is allowed for statistical purposes as indicated hereinabove

ITA 279/VIZ/2023[2012-13]Status: DisposedITAT Visakhapatnam14 Mar 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.279/Viz/2023 (निर्धारण वर्ा / Assessment Year : 2012-13) Swarnandhra Jute Mills Pvt Ltd, Vs. Asst. Commissioner Of Survey No.40, Varisam Village, Income Tax, Ranastalam Mandal, Circle-4(1), Pydhibheemavaram, Visakhapatnam. Srikakulam-532409, Andhra Pradesh. Pan: Aaics 7788 J (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओर से/ Appellant By : Sri C. Subrahmanyam, Ar प्रत्यधर्थी की ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुिवधई की तधरीख / Date Of Hearing : 13/03/2023 घोर्णध की तधरीख/Date Of : 14/03/2024 Pronouncement O R D E R Per Duvvuru Rl Reddy:

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(2)Section 143(3)Section 147Section 148Section 40A(3)Section 68

through ITBA module. On receiving the information called for, the Ld. AO asked the assessee to explain genuineness of the transactions with M/s. Mascon Fin Private Limited and M/s. Bluechip Financial Consultants Private Limited and the bonafide of the parties involved therein. In reply, the assessee furnished certain information pertaining